TUNNEL ACCIDENT

Dominion, Volume 25, Issue 264, 3 August 1932, Page 6

TUNNEL ACCIDENT

Man Thrown From Ladder SEVERELY INJURED Chemist Sued for Damages On the evening of November 25, David Browning, a City Corporation engineer, was replacing a defective lamp about 110 feet inside the Mount Victoria tunnel from the Hataitai end. Suddenly the ladder was knocked from underneath him and he crashed to the ground, receiving a fractured pelvis and other severe injuries. It was alleged that the ladder was hit by a motor-car driven by Claude Thomas Arthur, chemist, of Kilbirnie, who was proceeding to Wellington at the time.

An action was brought by Browning to recover £1999 general and special damages from Arthur, and the hearing was commenced before Mr. Justice MacGregor and a jury in the Supreme Court yesterday. It was alleged that defendant was negligent in failing to keep a proper look-out, failure to have the car under proper control, failure on entering the tunnel to see that the passage way was clear, and in driving at an excessive speed. Special damages, £249/1/10, and general damages, £1750, were claimed.

The defence was a general denial, or that if the car did strike the ladder it was not due to any negligence on the part of defendant; if the car did strike the ladder it was due to negligence on the part of plaintiff and/or his employers, the Wellington City Council, in failing to give alternatively sufficient warning by way of notice board or flag or otherwise at the entrance to the tunnel, or by way of a light or signal or other warning device to indicate the presence of'the ladder in the tunnel; or, lastly, that the accident was inevitable and was not due to negligence on the part of anyone. Case for Plaintiff.

Counsel for plaintiff outlined his case at some length. Browning, he said, had been in the employ of the • City Council as an engineer for seven years. The accident happened while it was still daylight, and light penetrated further into the tunnel than the spot at which plaintiff was working. His duties were to see that the air in the tunnel was clear, quite an amount of machinery being required to keep the air moving through the tunnel. He also had to see that the lights were kept in order and the footpath, a raised one, was kept clear. On the day of the accident he went on at 4 p.m., and noticed a lamp had gone out on the southern side. Having attended to the air, he went to the Wellington end of the tunnel and obtained a 21ft ladder and a lamp with the intention of replacing the defective light He had up to that time made 86 replacements, 40 of which were on the opposite side to the footpath. The lamp he intended replacing was the sixth from the eastern end, about 110 feet inside. The ladder was placed with the feet near the middle of the tunnel so that there was room for traffic to pass on either side of it; the ladder had spikes so that it would not slip on the bitumen. It took two minutes to place the'ladder, mount, replace the lamp, and dismount. Woke Up in Hospital “Plaintiff had taken the lamp, out of his pocket at the top of the ladder when something happened and he woke up in hospital,” proceeded counsel, who emphasised that at the time there was still sufficient light in the tunnel; visibility was so good that one could read a newspaper in it, and it was better lighted than Karori, Seatouh and Northland‘tunnels. Before going up the ladder he made sure that it could be seen ’by motorists from the Hataitai end. The defendant, Arthur, was proceeding to Wellington through the tunnel when his car struck the ladder and. threw Browning to the ground. He was so badly injured that he was totally incapacitated for a considerable time, and would suffer substantial permanent disability.

, Counsel outlined the points of negligence alleged against the defendant, and submitted that he was negligent in exceeding the speed limit fixed for tqnnels. Wellington City by-law 51, of 1928, provided for a speed limit of ten miles an hour through a tunnel. Reference was made to the defence, counsel adding that he was sure that from the evidence he would submit the jury would be able to conclude that the defendant was not keeping a proper lookout, was exceeding the speed limit, failed to take reasonable precautions, and failed to keep the car under control so that it kept clear of the ladder. Counsel submitted that negligence on Browning’s part could not be sustained. He had made replacements many times ■ previously, and when repairing lamps further in the tunnel put a lamp at the bottom of the ladder. Counsel -added that the first lamp was ten feet inside the tunnel and then for some distance they were 20 feet apart, and later 40 feet apart. Turned His Hair Grey.

Plaintiff Browning tnen gave evidence, his counsel drawing attention to the fact that although only 40 years of age now, his hair was quite grey, although prior to the accident it was quite dark brown.

Plaintiff corroborated counsel’s statement. and in cross-examination said the regulations governing Mount Victoria tunnel fixed the speed limit at 20 miles an hour. He did not make a practice of seeing that the tunnel was clear of traffic before putting up the ladder. He had been paid workmen’s compensation by the City Corporation since the accident, and was still in the service of the council.

Malcolm Roy Watterson, solicitor, detailed experiments with a ladder in the tunnel on the following day with a view to ascertaining if a ladder could be plainly seen by a motorist entering the tunnel. A man with a flare stood by the ladder while witness went to his car to drive through. Counsel for defendant said his client was refused permission to make such tests. (To witness): You knew the ladder was there when you drove into the tunnel?—“Yes.” And you were looking out for it?— “Quite true.” Eye-witnesses of Accident. Han'y Smith, mechanic, who was motoring through the tunnel toward Hataitai, said he saw the ladder and was about 40 yards from it at the time of the accident. He was travelling at 20 miles an hour. As he approached he saw the man halfway up the ladder. He next saw defendant’s car enter the tunnel at a speed of fully 20 miles an hour, swerve and hit the ladder, breaking it into two or three pieces and causing Browning to drop straight to the ground. Arthur gradually pulled up. He had no lights on his car. There was room Jo pass the ladder on either side. , Counsel for Defence: How far did Arthur’s car travel before coining to a stop?—“Thirty or forty yards.” Witness added that it wag ths left; »id® of

Arthur’s car which struck the ladder. His Honour: Then he must have been on his wrong side of the tunnel. Witness added that he informed the police later as to what he saw. He had parking lights on at the time. Mrs. Lena Florence Adcock deposed to seeing the car strike the ladder as she was driving home to Kilbirnie. She had parking lights on. Sometimes she had experienced difficulty in seeing for a few seconds after entering the tunnel from the bright light outside. She had no difficulty in seeing the ladder on that occasion. She did not see any motor-cycle in front of her. Arthurs car did not appear to swerve, and it would be the right-hand side of his car which caught the ladder. > Dr. A. Gillies described the nature of the injuries received and explained what the X-ray photographs disclosed. A recent one showed there was no .injury to the spinal column. In his opinion plaintiff was only two-thirds of the man he was. , Sidney Bishop, fitter, who was cycling through the tunnel, said he saw the ladder when about a third of the way through. He was about at the scene of the accident when it occurred. He saw no sign of Arthur s car swerving, and it looked as if it were going under the ladder. . William H. Brough, taxi proprietor, said he drove through the tunnel from Hataitai and passed under the ladder just before accident happened. He saw the report of the accident in the paper next day. „, , Constable Fitzgibbons, who subsequently interviewed Arthur, said defendant stated his speed on entering the tunnel was IS miles an hour. Witness considered visibility on entering the tunnel from broad daylight was not good. He thought it might be due to coming from daylight into electric light Frederick Lawton, a youth of about 15, described as a motor mechanic, said he was riding pillion through the tunnel, passing a car driven by a lady. The foot of the ladder was about halfway out, and he saw a man up the ladder. Suddenly he saw the man fall. The hearing was adjourned until this mornina.