ACTION FOR DAMAGES

Otago Daily Times, Issue 14528, 20 May 1909, Page 3

ACTION FOR DAMAGES

CI.OUIUI v. K.UKOKAI THAM COMPANY. His Honor II r ,n,,;;w Williams an<l a jury ei I'iui, bj Hli.hn Mr .lolin lumni.z t.,.:- .-.-.l.ti'li a. 101CM..111, MC-iC Ollg^.l j uteri'-;;. i,.,irln n ' an at.ion m übieti .\iar::ji.:i. I .o;.;n .-. „,;;i:: In r<t ,\-!( Iron) Hit «aiM,i,n Hani r,.upany ." v id; tor and iDU ler i'\\.vi..v.-.,.~-..ir .Mim appuuvd for |,:aimilt, aim jit J. V. .-h.-|.;ic... for deiviioai.t fu.ijuii;.. 'I In' SiUk.llflll (;l c'll'.illl -.el out llial 0:1 X'Ai;iiiliT If In,;-., p'an.lill Us u | :i^ei,'.;.',■ Mi th;. (i;ie..daiit', car, ami pail I!:.. USU aI tar,-. Al ll.e. llhrli .41-;-t ,H„..ivi,| ,;op|iil.s; place tin' car stoppt.l, ,-i:,i| e.mle ;„,.. plaiutill' wa„ in Hi' ml oi getting „|f delendunl's servaiu in ui.uge of ih'u oi m-rlifpiitiy can> il ji ui in.;ie on. *lh-> plaiiiiitl' wit., vln-owii m -,;,•.- ground o i:.i scrioirdy injured. In <-i:ii.:!'i|iii-in.-? *Ir. Ik- I aiilftri'ii great pain, ami had hcjii pji-man-ciii.ly incapacitated an.i pill 10 expense for attendance, nursing, and medicine. The *;aienrnL of .i-f-.-iH.? denied that when Iho plaintiff was in the ael of alighting tho car was canted to move on, and n!.-o denied that tlio oar was initfligcriLlr raiiscd to mmo on. If th" plailrtilf was thrown to the ground, which defendant denied, it was nut caused by or M -;is due Any injury plaintiff might, have sustained «-a:- not. ciiu.-:d by or was dtip to any negligence, on the part of defendant's t,crvairiti. For a furl her deduce defendant sail lint if piainlilf was thrown to the giom.<! as alleged it was cat;s:d bv her own want of care. Mr .Miicdicgor, in opening the case sod the accident lnpp L .,.,,l very simplv! -Miv l.lotitrh, who wan over 70 vears of a K 'e ami her husband resided in 'lksl vn> ant j oiMhe day 111 ipictilioii hail been to Dunedin. Thay took the Irani to return homo about 4 o'clcck in tli.;. afternoon. Tlt» Kir stopix-d in the usual way at th« top of the hill, where the electric line closed the rails. Mr and Mrs dough were in the rear compartment of the car, and the former jrot out and was h-dping l,j s w jf c to uhghi. She had wot off her feat and ha, moved oui.wa.rd-. toward* the door, bad got hold of the. handrail, and ha,l hor Fool, out, feeling for li,e rC a,|, when the ear moved on. Mrs Cloiig-h called out to tlio .tfmman | 0 stop, and Iho car was "topped counsel undeiviiood, as ipiickly *s H could be-within two <„■ throe yards,bn Mori, it could he nulled up '|,lic old lady lost her hold and "fell, thin sustainin,' the injuries- complained o f. If tl-.-it was a correct of fact- his Honor would tell tne jury wJiether thev amounted to nesliß.iiic-. o„ ihc part of |f 1( , ( . ompailv or its servants. Counsel submitted that tlio jury would have „ 0 tHfficuity in firidili.r liability on the part of tlio oompanv for it «-w certainly the duly of the conu'uetor Ixdoi-e starting the car, t.c <■.!■■ (liat nubody was in l,ho act of alkdiliiij. The witness (';> lw tailed, with til.; exception of Mr Uon K i, had no interest in tile rate. Mis tlou« I was advised bv the doctor not to attend. Her leg had been broken bv the, accident, ami s,„;h a thing was scrioiis in Hifi c.i-'.. of a person of her a"e Kvuloiicc was given by D,~ j-j,„ t , m , llti Juniw \\ right .Munro, Clarice Ord.-orne Utlllfifcml, I'rancis Hough. John (JI« P ami I'l-aiwH C'loiijjli, jun. slid the case for the plaintiff d'Sp-ndcd upon whether the ecrvanis of the company had bcon «uilty of ncm-Ji. ■genee hi <arry.m K Mrs ClocgJi as a jmseiiS<tr over the line. Tkoduty of t-lw company wts i-.oi. to enstiifl or warnml t!» safety of the r.acseiigers. 'ihe only liability Wi! ,j |„ t | lc ovt , nt 0 r p 0 r . vants being guilty of iiejflijrenc:! in their duly, and failing to oxsreiso reaiciuibk ' wire in iiitning saWv over the journey. Thero were two a-J to ncgligono.\ 'Jt'ho lir o t was that insalii(Wit tnno wins J.llowed for paseiiifers to aliStlil. and the other was a se.jgc.slion that the conduclor gave the f igin,l to go on without taking anv iiKcr.it.ion to 6 ee all [he l«i?eiigers had alighted. He (Mr Ktepi:or.,sj tliought ho vouM he ablo to prove that neither of thrw s.'i-oin-..-.s was jtiitillrj by the facts. Ho would briny forward the conductor and the gripman, and would al'io call some indspetidciil ivitne:ws. Ab a matter of faci. with the exception of the gripm.™ awl the manager of the company (Mr Hunter) the witnesses were entirely independent- of the companv, tho conductor li'ivinir left the service'of the company noma li-m? ago, Tlio evidence would thereforo | >3 entirely free from any suggestion of bias toward the comiwnv. 'Che would jay there was arnnle time for all passengers to get. out. The allowance_ for stopuiKs from l>.ir»vun (o Kai-koiv-ii Valley and vice veisa was Wl seconds, and there weri f i.v prwsiblo stooping places. On this pariicukr ir>\irii«v (lib car nn ] v ' stopp-tl at one .dace (T.if)!.phoi;rn?). f o that there w.w .imp!-, time for 1.1» rotvhirtnr to allow 1»s car to .sirp al III" otlmv erot-n-. founr-.! I t'".f lh-> ,„ 'V.lilf] b» emntiotl in 10 r.~.„,„!.,. v fact, would |-n •.npvceiKj.-.-.-l by || M i„. v TVyfore =".irting t1,.-. looked romi-i N W ._,T „..- v-.= "r,r.-,-: ~-„,., J,, Ml( „.( 0 f () ff ,„,] ffn |,l Fvi/li."-. w!is "iv>!i t,.- iv:u;„.„ \i..,. •./.Ui- T'noi.-.! Po'-rt.-,.. I'M,,.' 1,-|;.„ '«tli Pnrn T-'"..-i /•,•-■-,-., ~..' T /.„i, F".,f„,. f""--l "-.V--.' .-..!,:--■ •■■. 0.,,,.. !,:. .•...nni'.-' -n. t,,,! i\, ;,..,.,. ~f . |;,,.,., -.' .-f- a.„ -1 ■=.-.- o' -bonf , „,.„,.„