THE RAILWAY WHARF. WHO IS RESPONSIBLE FOR ACCIDENTS

Evening Post, Volume L, Issue 25, 29 July 1895, Page 3

THE RAILWAY WHARF. WHO IS RESPONSIBLE FOR ACCIDENTS

The point of law reserved alter the tria of the case of Harrington v. the Wellington Harbour Board, as to liability for acoident, was argued in the Snpreme Court this morning before his Honour the Chief Justice. A special jury had awarded the plaintiff £250 as damages for injuries received through falling over a switch on the Railway Wharf, on the ground that the wharf was insufficiently lighted at the time of the aooident. Mr. Golly now argued that judgment should b» for the defendant Board on the grounds :— (1) that there was no duty cast upon either the Harbour Board or the railway authorities to light the wharf ; (2) if there mi snoh a duty it did not rest upon I the Harbour Board ; (3) in any event, tho I plaintiff was barred, upon the prinoiple of the maxim volenti non fit injuria, on the ground that this was an ordinary obstaole which had been on the wharf for a considerable time and was perfectly known to the plaintiff. The only statutory duty oast upon the Board was to provide lights for the purpose of navigation or signalling, and to maintain the structure. The whole control of the wharf was left in the hands of the Railway Department. Tha Board received throngh the Bailway Department the wharfage dues less a disoount for collection. As a. matter of fact it had constructed the existing lights, and provided a man to look after them, but not as a matter of duty. He submitted that where a body was created for publio purposes, and there was no statutory duty oast upon it, the plaintiff was bound to snow a necessity for special precaution to meet a speaial danger, and that that speoial danger was attributable to the defendant, or, in othb*. words, that in the absenoe of established a«ty there must be shown some act of misfeastaoe on the part of the publio body oreatingv speoial danger, linft rattan*. J

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