DAMAGES CLAIM FAILS.

Auckland Star, Volume LXII, Issue 289, 7 December 1931, Page 9

DAMAGES CLAIM FAILS.

CARPENTER'S INJURIES. EVIDENCE INSUFFICIENT: A nonsuit was entered hj Mr. Justice Smith in the Supreme Court to-day against a young carpenter, James Richard Cross, who made a claim for damages against his former employer, Noel Cole, building contractor. His Honor said the plaintiff alleged there was a defective stairway in the defendant's factory at Ponsonby, where he had been employed. In November, 1928, when he "was descending the stairwav, he alleged that a step gave way under him, and he fell, injuring his bade There was a conflict of evidence, said his Honor, and the question for the Court to determine was whether there had been anv collapse of the step at the time of the accident. Plaintiff's account and the evidence of witnesses called in support of his case showed certain inconsistencies. The balance of the evidence in the case was against the conclusion that one of the treads had given way. His Honor stated that the premises had been vacated in September, 19<3u. and that plaintiff saw Ms solicitor in Ipril 1931. There was a chip out ot one of the treads in the stairway and this would be seen by plaintiff and his solicitor when they viewed the stairway. It had been stated for the defendant that the chip was made when the place was bein<* cleared out, but plaintiff sought to establish that it was connected with the accident tliFee years ago. From its appearance it was probably a recent chip. The evidence of the plaintiff must be held insufficient for the Court to act on In entering a nonsuit, his Honor said the plaintiff 3 and his advisers would have to take into account.the fact that any revised version of the accident^ would be open to serious comment in view of the way the evidence had been brought out in this case.