FELL INTO A DRAIN.

Auckland Star, Volume LX, Issue 41, 18 February 1929, Page 8

FELL INTO A DRAIN.

PEDESTRIAN'S MISHAP.

CLAIM AGAINST BOROUGH COUNCIL. An accident which befel a pedestrian in Truro Road, Mount Albert, on the night of September 10 had its sequel at the Supreme Court to-day, when Albert Ingles Wallace, salesman, of Victoria Road, Devonport, brought an action against the Mount Albert Borough Council for £500 damages on the ground of alleged negligence in leaving an excavation unlighted and insufficiently guarded. The case was heard before Mr. Justice Kennedy and a jury. Mr. A. H. Johnstone appeared for plaintiff, and Mr. H. M. Rogersou defended. The claim was for £200 in respect of loss of earnings, £75 medical expenses, and £225 general damages. Mr. Johnstone eaid the night was that on which Squadron-Leader Kingsford Smith and his gallant companions left New Zealand shores, and Mr. Wallace had gone to the house of a friend in order to hear news by wireless of the flight to Australia. Plaintiff, accompanied by his son, walked along Truro Road, and in doing so fell into an excavation about 4ft wide and Bft deep. This was quite unprotected, and there was no guard. Mr. Wallace, who was accompanied by his son, aged 17 years, saw what appeared to be a large puddle. He stepped aside to avoid the obstruction, found himself on a board, tripped and fell headlong into the drain. The entrance to the hole was covered by what appeared to be the lid of a packing eaac.

Answering Mr. Rogerson, plaintiff admitted that he was able to "scramble out of the hole with the assistance of his son.

After the luncheon adjournment it was announced that a settlement had .been arrived at.