CARRIER’S LOST LEG

Greymouth Evening Star, 14 July 1939, Page 5

CARRIER’S LOST LEG

RAILWAYS DEPARTMENT SUED.

[PER PRESS ASSOCIATION.]

BLENHEIM, July 13.

Tile Railways Department is the de'fendant in an action brought in the Supreme Court to-day by Walter Todd, carrier, of Picton, in which he is claiming £2OOO damages for the loss of a leg. .

On October 4 last, the plaintiff went to the railway yards at Picton to find a truck containing a consignment ho was expecting, it was stated. He went between two trucks to examine the identification card, when a rake ol trucks shunted on the same line collided with the trucks he was inspecting. He was knocked over and a truck passed oyer the left leg, which had to be amputated above the knee joint. Plaintiff contended that it was the custom of carriers and other persons concerned with the unloading .ol trucks at the station yards, to examine the identification cards on the trucks standing on the public siding to ascertain the contents of the truck and the name of the consignee. For this purpose it was necessary Io go behind or between the trucks. He alleged negligence against the departments seivants in so conducting shunting operations that a rake of trucks was shunted into those he was examining. The defence denied negligence and also that it was the custom of caiI riers to examine the trucks as stated. It was submitted that plaintiff s injui j was caused by his own negligence in going between the trucks and remaining there without obtaining permission or giving a warning, and in failing to keep a proper look out. Counsel for the department (Mi. W • T Churchward) moved a non-suit on tlie ground that there was no invitation to plaintiff to be on the siding, nor was he licensed to be there. Mr. .lustice Northcroft, who is hearing tne case, with a full jury, reserved his decision, on this point. Mr H. F. O’Leary, K.C., of Wellington. with Mr. Spence, is representing plaintiff.

JURY AWARDS FULL AMOUNT

BLENHEIM. July 14

Tn the case in which Walter Todd, carrier, of Picton. claimed .£'2ooo from the Railways. Department, for the loss of a leg, the jury awarded the full amount, after a retirement of under half an hour. The ca.se was adjourned, to enable counsel for defendant to consider points of law involved. The jury held that the department s servants were negligent, and absolved plaim iff.