TRAMCAR ACCIDENT

Evening Post, Volume CX, Issue 30, 4 August 1925, Page 9

TRAMCAR ACCIDENT

CLAIM AGAINST CORPORATION. A claim for £518 2s 6d, arising out of a. tramcar accident, engaged the attention of his Honour Mr. Justice MacGregor and a jury of twelve in the Supreme Court to-day. The parties were George Bruce Pall, of Wellington, plaintiff, and the Mayor, councillors, and citizens of Wellington, defendants. The statement of claim set out that on 22nd December, 1924, while boarding a tramcar at the corner of Tinakori road and Park street, the plaintiff, was jerked or swung violently through the car starting suddenly, and his right femur was fractured. The plaintiff alleged that tho accident was due to negligence on tho part of the conductor or motornuin, or both, in that the car suddenly started, allegedly without warning, and before the plaintiff had time to board the tram. The plaintiff claimed special damages, hcßpit.il, and medical expenses. £268 2s 6d; and general damages, £250. The defence admitted the accident, but denied negligence on the part of the Corporation. It alleged that the plaintiff attempted to board the car in motion ' from behind after the bell had been rung by the conductor to start. The defence further contended that the injury was caused, not by any negligence of the defendant or its servants, but by tho negligence of tho plaintiff. After an extended retirement tho jury disagreed, and a. new trial was ordered for Monday.