A BROKEN LEG

Dominion, Volume 19, Issue 119, 13 February 1926, Page 9

A BROKEN LEG

LETTER CARRIER’S CLAIM

In the Supreme Court yesterday, before the Chief Justice (Mr. C. P. Skerrett, K.C.), David Law, letter-carrier, of Wadestown, brought an action against Archibald C. M. Sinclair, contractor, claiming £4OO general damages, £2O 18s. 6d. for loss of wages, £3O Ils. 6d. for hospital expenses, and £3 18s. for medical expenses. In evidence, plaintiff stated that on August 13, 1925, he was walking up a path in Moorehouse Street towards his home. There was a strong wind blowing against him at the time, the night was dark, it was raining, and he was unable to see clearly. His left foot stepped on something, and putting out his right foot to what he thought was a border, he found himself, without any warning, at the bottom of a hole with his left leg broken below the knee. Despite the pain he succeeded in crawling out of the hole, and securing help. Excavations were being conducted by defendant from six to twelve inches off the road boundary, and plaintiff alleged that defendant negligently failed to put up any sort of protection or to take any steps to guard against the danger of people falling into the hole. There was neither fencing nor lighting, he alleged. The defence was a denial of the allegations contained in the statement of claim, and it was submitted alternativelv, that plaintiff’s injuries were the result of his own negligence.

After further evidence had been heard the Court adjourned until this morning.