A FALL FROM A CAR

Evening Post, Volume XCV, Issue 50, 27 February 1918, Page 4

A FALL FROM A CAR

FOOTBOARDS NOT IN POSITION. A civil case of interest, to all Welling, ton citizens was considered at the Magis-ti'a-t-e'a Court yesterday afternoon by Mr, W. G. Biddell, S.M., when, Alfred William Fletcher, commercial traveller, claimed from the City Corporation £20 damages for injuries received by a fall from a trarnear on the afternoon of 11th December. Ml 1. E. M. Beechey appeared for the plaintiff, and Mr. J. O'Shea for the Corporation. • Dr. John G. Thomson, who attended plaintiff on 12th.December, said that he was suffering from severe bruises on the left arm and side, and was so knocked about that witness advised him to lay up for a week at least Witness consid'ered-. 1/hat „pia,intiff could,.have received 'tlie injuries 'm~a"'fa'lFfrbni a standing car. Plaintiff, in the box, said that; he boarded the care at Courtenay-place, and rode as far as Kilbirnie. As the car was pulling tip, plaintiff moved to the side of the tram to step on to the running board, which, however, was not clown, and he fell heavily to the road on his loft side. Though the eteps had been changed, the rails remained as on the journey from the city, and there was nothing to prevent his stepping off on the left side of the car. If he had been warned in time by the conductor, it was not likely that he would have stepped off. The tram was well past the tram clock, and had practically stopped when he stepped down in order to alight from the running-board immediately the car came to a stop. Mr. O'Shea here pointed out that a bylaw forbade passengers travelling on the steps of., cars at all. Inspector Corley, who was: standing at the terminus, said that plaintiff came to him directly after the accident, and, in the course of his remarks, said that he did not wish to give his name and: so get the conductor into trouble, as he had been warned. The car was pulled up about 75ft from the regular stopping place, and -plaintiff must have started to step clown just as the car rounded tin-.-corner. Passengers should not leaves their seats till the car had actually stopped, though it was a common practice for them to stand on the running-boards just as the stopping places were reached. Conductor Pearson gave evidence ib the effect that plaintiff was the only passenger in the open, central portion of the car, and aa witness moved past him after lowering the step on the right side of the car, he touched him on the shoulder, and drew attention to the fact that the step ou the left sido Was raised. The car was travelling about- four mile 3an hour. To Mr. O'Shea: Witness said he would not have had time to Change" the eide rails over by the time the Car readied its stopping place. The Magistrate said that if the step had been in its proper position the accident would probably not have occurred. Had the plaintiff been injured while the step was down he would not have been entitled to recover, but the raising of the footboard before the car hud actually reached the terminus was an act of negligence. If a,' warning was .given it was probably given too late, when the plaintiff was actually moving to alight and in such a position that the warning was of no'practical use. 'Judgment was given -for plaintiff in the sum of £10 and £3 Is costs.