CLAIM FOR DAMAGES

Otago Daily Times, Issue 22022, 3 August 1933, Page 7

CLAIM FOR DAMAGES

SEQUEL TO ACCIDENT

INJURY TO WATERSIDE WORKER

(Per United Press Association.) WELLINGTON, August 2.

The sequel to an accident in Featherston street in April when a skidding lire engine knocked a man agUinst the fence of the Government Printing Office was heard in the Supreme Court to-day. Arthur M'Sp'errin, a waterside worker, claimed damages totalling £5087 Gs Gd from the Wellington Fire Hoard and Henry John Wynne, civil engineer. The claim states that as a result of the accident the plaintiff’s skull was fractured and a clot of blood caused paralysis on the right side of the body. An operation was performed and an area of bone approximately three inches by three was removed from the skull, leaving tne brain unprotected in that locality. It was claimed that the accident was due to the joint negligence of both defendants. or alternatively to the separate negligence of one or the other of them. When the accident occurred the fire engine had swerved to avoid a car driven by Wynne. M'Sperrin was on the footpath waiting for the engine to go by. At the close of plaintiff's case Mr Watson, on behalf of the Fire Board, submitted that the plaintiff had made out no case of negligence and that the defendant board was entitled to a nonsuit. "■ . ~ Mr O’Leary said there was evidence that the fire engine had mounted the footpath and it was submitted that there was evidence of negligence. The_ tremendous 1 skid marks, counsel submitted, were evidence of excessive speed. Mr Justice MacGregor thought that on one or two grounds the case ought to go to the jury. , . „ , Evidence for the defence will be called to-morrow.