CLAIM AGAINST A CONTRACTOR

Dominion, Volume 19, Issue 120, 15 February 1926, Page 4

CLAIM AGAINST A CONTRACTOR

LETTER-CARRIER’S SUIT SUCCESSFUL.

That a person in charge of property on which he has made an excavation contiguous to a public street or footpath has a duty to persons using the highways or footpaths to sufficiently protect such excavation, was made clear by the Chief Justice (the Hon. C. P. Skerrett), in the Supreme Court on Saturday. The case’was one in which Archibald C. M. Sinclair, contractor, was proceeded against ’by David Law, lettercarrier, for £4OO general damages, and £55 Bs. lor loss of wages and medical and other expenses. Mr. C. A. L. Treadwell appeared for plaintiff, and Mr F. J. Maule tot defendant. Plaintiff’s statement was that on a dark, rainy night, he walked into an unprotected hole excavated by defendant just off the roadway. The Chief Justice, in giving his decision, said he was of opinion that plaintiff was entitled to judgment. He found, as to facts, that on the night of the accident, the deep portion of the excavation was entirely unfenced. He was also of opinion that there was no evidence of contributory negligence on the part of plaintiff, and the only question that remained was that df damages.N It was clear that plaintiff was entitled to £56 18s. in loss of wages and medical expenses. Judgment would be entered for £296 18s., with costs according to scale, and an allowance of £7 7s. for the second day, with witnesses’, expenses and disbursements.