CLAIM FOR DAMAGES.

Otago Daily Times, Issue 13999, 4 September 1907, Page 5

CLAIM FOR DAMAGES.

A REMARKABLE CASE.

jPfiOH Oro. Ows Correspondent.), '.: ' CHRISTCHUROH, September 3. A' case of some interest to warehousemen and tradesmen occupied the' attention of the Supreme Court yesterday and part of to-day, when a builder and contractor namedßrad«haw olaimod from Messrs Masoii. Struthers. and Co., ironmongers, tho sum of £2500 damages for injuries alleged to have lienn veceived through the ncgligeneo of the defendants. Mr Stringer, E.C., appeared for' (he plaintiff, and .Mr Hosking, K-β' of Dunedin, fori the defendants. In his evidenco tho plaintiff said that on February 16 he was making somo purchases at Messrs Mason Stmthors, and Co.'r shop, x Ho saw a roll of canvas on tho landmE at the toD of {Tic warehouse etairs lying square with the top step, and within a few inches of the edge of tho step. After completing his business, and ns ho and. his assistant and tho storcman approached tho 'fairs, tho storcman asked him a question, nnd he turned his head to answer, when hie foot tripped rvor tho roll of canvas, and lie was; shot down the stairs. Ho was severely injurod, and was attended bv several doctors. Ho had not been able "t'o do any kind of work sineo the accident, 'end was scarcely able to got about. 'Whori at work as a contractor ho, madefrom ±16 to £7 a week. Under cross-oxaminatioa by Mr Hoskinsf, Btadshaw eaid , lio was. an cngineor fitter hy Erafle, hut had not worked at tli.it trade since Tib came to Christchuroji, about four yoara ago. Ho baeatue banknipt in 19M, afc which time he owed- money to Sydney Sac'i 0 "', ?^ e 110 S°t his discharge" in IHUa Jie had done nothing except buildin-* Jour cottages at Sydenham. He bad borrowed the money to put up the cottages, and had retained from tho mortgage moriera about £3 weekly for his own work. A short time belore tli e .accident ho had • effected lneuvancolov £1000 and £6 10 3 a week for! total disablement in the event of his meeting with an accident. Since the accident ho had received £6 10s a week for 26 wceke. While,-in business he had advertised for working men with capital,, and had obtained, four, who had lent tho money oh tho I security of tho cottages and had worked lor him for wagos. These mon had not' been rcnaid thoir 'advances, hut thev still held their securities. Ho had given orders to two creditors on-tho amount, of daniaco* he might be awarded in tho action ' . doctors deposed ■as to {he injunos plamtiff had received. On the other hand, a doctor called by tho defendants said he had found that tho plaintiff was not consistent Jn his response to the tests Tor aarnngon to tho nervous eystem. The man'* future condition of health, ho thought,, would depend upon tho result of the present

Another doctor said ho considered-that after the case the plaintiff would Wo to feet bettw. It seemed'to him that plaintiff was.deceiving himself with an object "

The evidence ot the cnroloyees of Messrs Mason, SMkmk, a nd enfey unanimous that '.here was no roll of can™, lying on the floor at the head of tin stab and therefore that Kradshaw could noE fal.en over .it. The storeman's evidonio