ASSAULT AT TRAM BARN.

New Zealand Herald, Volume LIX, Issue 18250, 17 November 1922, Page 6

ASSAULT AT TRAM BARN.

CONDUCTORS AT VARIANCE. AWARD OF £20 IDs DAMAGES. An action to recover £50 damages for alleged assault, which took place in unusual circumstances, was made in the Magistrate's Court yesterday, before Mr. W. p. McKean,' S.M. The : plaintiff, Joseph Sarson (Mr. Glaister), and the defendant, Joseph Herberts (Mr. Dickson), were both conductors in the employ of the tramways department.- The plaintiff claimed £32* 18s general damages" and £17 2s for damages caused through "loss" of working time and for medical expenses. Tlie circumstances were that, the defendant was a conductor on the 6 a".m. shift, his car being due to leave the barn at 6.26. Plaintiff was on the spare list, being employed at the barn for reserve duty. It was alleged that defendant did not sign up in time to join his car, and the plaintiff went to the depot officer and claimed the trip, taking the car out. Plaintiff said that when he returned from the run, defendant followed him into the locker room ajid assaulted him. He suffered two black eyes aaid various bruises, and was off work for 23 days. Cross-examined, plaintiff 6uid the general manager had held an inquiry and had dismissed the matter. . . , Counsel for plaintiff said the offence was aggravated, because defendant 'was a much younger man than plaintiff. Defendant said there was a fair' standup fight, and he contended that Sarson was the aggressor, as lie made the first blow, iHe did not hit defendant when he was down. The magistrate said the account given by Sc»rson wag the more likely one. He assessed the damages" at £20 10s, and judgment was for the plaintiff for that amount.