£1219 DAMAGES

Dominion, Volume 33, Issue 195, 14 May 1940, Page 5

£1219 DAMAGES

Injured Tram Conductor Mr. Justice Ostler and a jury of 12 in the Supreme Court. Wellington, yesterday, were called upon to assess damages in a claim for £22(19/2/10 brought by Jack Dale Connor, tramway conduetoij against Alfred Lark, for injuries received through being knocked down by Lark's motor-ear opposite the Rivoli Theatre, Newtown, on January 28 hist. Mr. A. B. Sievwright appeared for plaintiff, ami .Mr. 11. E. O'Leary, K.C.. with him Mr. Buxton, for the defence. -Mr. Sievwright said Hull as defendant hud admitted the facts it. only remained for Hie jury to assess the damages. Plaintiff, in evidence, said be was making a third attempt to connect to the overbend wire tiie trolley pole on n tramear opposite tin? Rivdli Theatre in Newtown. when defendant's car struck him, and hurled him some 25ft. along Hie roadway. As a result of the accident, he was in Wellington Hospital from January 28 iil| February 7. and in Lewisham Hospital from Eebrmtry 7 to March 2(). His wages while with tiie tramway department averaged £6/8/'-l a week.

Cross-examined by .Mr. O'Leary, plaintiff said that the, award rate for tram conductors was £-1/16/8, but overtime, because of the Centennial Exhibition, had brought, his average wage for the last three months' up to £6/8/1. He bad been swept off a tramear about two years ago by something protruding from a meat lorry, and was off work for about a month on that, occasion. lie could not get .'my compensation for that accident, as the traflic department was unable to trace Hie lorry which had caused it. Dr. C. F. Childs described Hie injuries plailitifl had received. He was suffering from mmr.'isthenia, and loss of sleep, and it would be some months before bis nervous system settled down. He required a holiday of from two to three months. It woo problematical whether he would be

able to resume his work as a conductor, and it would be unwise for him to take on a motornian’s job. It would be inadvisable for him to at tempt heavy manual work. Dr. N. R. Mackay, called by the defence, said that plaintiff was at present suffering from a state of anxiety, but witness considered that lie would be all right in about three or four months. He said he thought he should be able to resume his duties as a tram conductor after a spell of about three mouths. The jury retired at 12.3,5 p.m. and returned at 1.15 p.m., with a verdict for plaintiff for £1219/2/10, £209/2/10 special damages, and £lOlO general damMr. Justice Ostler entered judgment accordingly, with costs according to scale, witnesses’ expenses and disbursements to be lixed by the registrar, 1