TRAM ACCIDENT RECALLED.

New Zealand Herald, Volume XLIX, Issue 15005, 29 May 1912, Page 5

TRAM ACCIDENT RECALLED.

CLAIM FOR £350 DAMAGES.

JUDGMENT FOR DEFENDANTS.

As the consequence of a tram accident, which occurred in Great North Road in October of last year, an action was commenced at the Supreme Court yesterday, before His Honor Mr. Justice Edwards and a common jury of four. The claim, instituted ■by Mrs. Annie Morrison Brown, against the Auckland Electric Tramway Company, was for £350. for injuries received through the alleged negligence of a servant of the company. Mr. R. A. Singer appeared for the plaintiff, and the defendant company was repre- j sented by Mr. J. R. Reed. I Plaintiff related that on the occasion of the accident she was proceeding to Grey Lynn in a tram-car. She wished to alight at the Mackelvie-street stopping, and not knowing the locality, asked the conductor to stop the car for her when it got there. He did so, and she went on to the front. platform. * The car stopped, and just as she' got on the step, she states, it started off again with a jerk, which threw her into the street. The next thing she remembered was being taken into a chemist's shop, where she was attended to. As a result of the accident she suffered considerable pain in her left arm and shoulder. She had been incapacitated for household work owing to the pain and weakness of her arm. She also received a number of severe bruises, though she -was thickly clad at the time. She had since suffered from severe headaches and sleeplessness. Cross-examined, plaintiff stated that she did not see the stopping place. She did not remember anyone in the street running to her assistance. It was her impression that the car was motionless when she was on the platform, and that no bell was rung before the car started. She did not tell the chemist who attended her that she thought the car had stopped until her foot touched the ground. About three weeks or a month after the accident she consulted Dr. Guinness. This was the first time she saw a doctor subsequent to the accident. _ ( , Evidence was given by Leslie Stewart Connelly, who was employed by Mr. E. J. Cronin. chemist, of Great North Road. He Stated that plaintiff was brought into the shop after the accident by the tram- j conductor, who said she had fallen off the { car.. Slfc was in a very excited state. He gave her a soothing draught and helped her across the road. The accident did not happen at the stopping place opposite the shop. She told turn she rang the bell and thought the car had stopped, but'it really had not stopped. Medical testimony was offered by Dr. Endletsberger. who examined plaintiff in February last. He deposed she was in a state of nervous depression, and was suffering from atrophy of the left shoulder and arm. . < : In opening for the defence, Mr. Reed stated that he intended s bringing evidence to show that the car had never stopped, but had merely slowed down when Mrs.. Brown stepped off it. The first witness, Charles Reid, news agent, who lives in Mackelvie 7 sti'eot, stated that while waiting at the stopping place, he saw plaintiff come out of the car and walk straight off it three or four yards before the stopping place. The car had not stopped, but was slowing down. Ho picked her up; she was not unconscious, but hysterical and confused. Corroboration of this .was given by Harry Wilson, machinist, who was sitting on the front of the car at the time when the accident occurred. After a brief consultation, the jury announced a verdict for the defendant company. Judgment was accordingly entered, with costs according to scale.