AMOUNT OF DAMAGES RECOVERABLE

Dominion, Volume 13, Issue 251, 17 July 1920, Page 7

AMOUNT OF DAMAGES RECOVERABLE

QUESTION BEFORE APPEAL COURT. A preliminary question of law arising in the suit of Arthur George Tricker against the Wellington City Corporation was argued before the Court of Appeal yesterday. Mr. P. J. O'Rcgan appeared for Tricker, and Mr. J. O'Shea (City Solicitor) for the City Corporation. , In Supreme Court proceedings initiated by him against the council,, Tricker stated that he was a tram conductor, and that on January IG, 1920, he was injured by being crushed between two cars. His car had stopped, and he had alighted froin it in order to reverse the 'trolley-pole. He disengaged the polo and swung it round. When the pole touched the wire again the car moved, ami jammed his left leg against the buffer, of another car. The accident was due, plaintiff alleged, to the incompetence and inexperience of the motorman, who failed to shut the power off entirely, or reapplied it at the time plaintiff reversed the po'e. The question for the Court of Appeal was whether the plaintiif was precluded by the provisions of the Workers' Compensation Act from recovering more than .£SOO damages. • The Court reserved its decision.