FALL THROUGH TRAP

Evening Post, Volume CXXXV, Issue 33, 9 February 1943, Page 3

FALL THROUGH TRAP

DAMAGES FOR BARMAN

A.rider that the inspector concerned should visit hotels and examine trap doors and other access to the cellars has been returned by a Supreme Court jury which, on a claim for £800 general damages, awarded £475 and £52 17s special damages to John Summers, a barman who was injured in a fall through a trap leading to the cellar from the public bar of the Caledonian Hotel. He suffered a fractured rib and fractured right shin-bone.

The plaintiff alleged that on September 3 last the premises were dangerous in that the flap covering the hole leading to the cellar was in a position where it was likely to become a trap if opened. The flap was opened without previous warning, and no steps were taken to guard against the possibility of his falling through the opening. He had been deprived of the opportunity of earning any wages, and would be permanently partially disabled, thus being prevented from continuing to act as a boxing instructor.

The defence was a denial of negligence and a claim that the plaintiff was well aware of the presence of the cellar flap and of the use to which it was put, but failed to hear a warning from a fellow-employee. In such circumstances the occurrence was accidental and not due to negligence.

The case .was heard by Mr. Justice Smith and a jury of twelve. Dr. O. C. Mazengarb appeared for the plaintiff, and Mr. W. E. Leicester for the defendant.