A BROKEN LIMB

Evening Post, Volume CX, Issue 35, 10 August 1925, Page 8

A BROKEN LIMB

WHILE BOARDING A TRAMCAR

CLAIM AGAINST CORPORATION,

A retrial of the civil action by George Bruce Dall, a. retired Public servant, for the recovery of the sum of £518 2s 6d from the Mayor, councillors, and citizens of Wellington on the grounds that they were to blame for injuries received while attempting to board a tramcar, was commenced this morning in the Supreme Court before his Honour Mr. Justice MacGregor and a jury pt twelve. Mr. P. J. O'Regan appeared on behalf of- the plaintiff, and Mr. John O'Shea, City Solicitor, and with him Mr. J. R. Lockie, for the defendant Corporation. , Plaintiff's statement of claim wa« that on 22nd. December, 1924, he was wait; ing to take a tramcar to the city at the corner of Tinakori road and Park street. A tramcar came from Wadestown and stopped in Park street. Plaintiff approached the rear entrance of the tramcar, grasped the handrail, and placed hit right foot on the step. As he did so the tramcar started without •warning, and plaintiff was swung backwards, as the result of which his right femur wa* fractured: As the result of the accident he was totally disabled, and wa» advised that he would continue to be so for some time. His right leg was permanently shortened. He claimed, for medical expenses and as special damages £268 2s 6d, and, as general damage! £250.

The defence denied, the allegations of the plaintiff as to the manner in which the injuries i#3re received, or that plaintiff was permanent injured, and submitted as an alternative defence that plaintiff ' attempted to board a tramcar in motion from behind, after the bell was rung by the conductor for the tramcar to start; and alleged that plaintiff came from the wrong side of the tramcar round the back", in a position where the conductor could not see him, and boarded the tramcar just after it had started, and that his injuries were, due to that fact, and not to any negligence on the part of the defendants. Evidence on the lines of that given at the former trial is being taken.

(Proceeding.)