ACTION FOR DAMAGES.

Lyttelton Times, Volume CXV, Issue 16646, 3 September 1914, Page 4

ACTION FOR DAMAGES.

A WELLINGTON TRAMWAY ACCIDENT. [Per Press Association.] WELLINGTON,. September 2. The hearing of the case Henry Adam M'Kay v. Wellington Corporation was concluded before Mr Justice Ho3king and a special jury-to-day. The plaintiff claimed £IOOO damages and £lO9 Is 6d special damages for injuries alleged to have been received through the tall of a trolley-pole and standard on one of the defendant corporation's tramcars. The claim was resisted on the grounds that plaintiff was riot struck at all, but that his condition was the result- of some old-standing trouble. Considerable technical evidence was taken, and his Honor then put the issues to the jury- The question was, Was the striking or shock due to any fault or defect in the equipment or the mode of using it which the corporation should or might have guarded against or remedied by the exercise of reasonable care, skill and foresight P If so, what sum (if any) was the plaintiff entitled to as damages P The jury brought in a verdict for £BO special damages, but his Honor pointed out that this was inconsistent with the issues put. The jury then found for the defendant Council.