LOSS OF A LEG

Evening Post, Volume CXXVIII, Issue 12, 14 July 1939, Page 15

LOSS OF A LEG

A CARRIER'S SUIT

RAILWAYS THE DEFENDANT

(By Telegraph—Presp issociation.l

BLENHEIM, July 13,

The Railway Department is de- i fendant in a -suit brought in the j Supreme Court today by Walter Todd, | carrier, Picton, for £2000 damages for loss of a leg. | On October 4 last the plaintiff went to the railway yards, Picton, to find a truck containing a consignment he was! expecting. He went between two trucks to examine the identification card. "When a rake of trucks shunted on the same line collided with the trucks he was inspecting, he was j knocked over1 and a truck passe.d over {his-left 'leg, which had to be amputated above the knee joint. The plaintiff contended that it was j the custom of carriers and other persons concerned with the unloading of trucks at the station yards to examine the identification cards oh the trucks standing on the public siding for purposes of• ascertaining the contents of the truck and the name of the consignee. For such purpose it was necessary to go behind or between the trucks. He alleged negligence against the Department's servants in so conducting shunting operations that a rake of trucks was shunted into those he was examining. The defence denied negligence; also that it was the custom of carriers to examine the trucks as stated. It was submitted that the plaintiff's injury was caused by nis own negligence in going between the trucks and remaining there without obtaining permission or giving warning, and in failing to keep a proper look out. Counsel for the Department, Mr. 'W. T. Churchward, moved for a non-suit on the ground that there was no invitation to the plaintiff to be on the siding, and that he was not licensed to be there. Mr. Justice Northcroft, who is.hearing the case with a full jury, reserved the point.. _ Mr. H. F.O'Leary, Wellington, with Mr. Spence, is representing the plaintiff. :■■■ . :■ ; ■:■. -..-•. •■-. ■ . The case, is proceeding.

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