DAMAGES AWARDED

Dominion, Volume 31, Issue 41, 12 November 1937, Page 8

DAMAGES AWARDED

Employee’s Action Against Railways Department

General damages, amounting to £lOOO and special damages totalling £9l/3/-, were awarded by the jury in a claim, the hearing of which concluded in the Supreme Court, Wellington, yesterday, before Mr. Justice Smith and a jury of 12, in which plaintiff was George Henry Quin, platelayer, Wellington, and defendant was the Railways Department. Mr. O. C. Mazengarb appeared for plaintiff and the Crown prosecutor, Mr. IV. H. Cunningham, appeared for the Railways Department. The claim arose from an accident in the railway yards at Thorndon on September 14, 1936, when Quin was helping to put a derailed wagon back on the rails. He received a violent blow in the face when a “pig-stye” collapsed and, according to the statement of claim, his jaw was fractured and wounded, teeth were damaged and lost, the cervical spine fractured, neck, throat and shoulder injured, and shocksuffered. Permanent disablement through the negligence of the department was alleged. The Crown denied negligence and alleged that plaintiff failed to regard the warning given him by the ganger in charge of replacing the wagon, and also failed to pay proper attention to his own part in raising the truck and did not exercise proper care for his own safety.