CLAIM FOR DAMAGES

Otago Daily Times, Issue 23515, 1 June 1938, Page 3

CLAIM FOR DAMAGES

INJURIES TO A CHILD JUDGMENT FOR DEFENDANT SOCIETY Reserved judgment in favour of the defendant society was given by Mr J. R. Bartholomew, S.M., in the Magistrate’s Court yesterday morning in the case in which Rodney Carter Francis Taylor, the five-year-old son of missionaries from China, claimed £IOO general damages and £3B 15s special damages from the St, Kilda Beach Improvement Society for injuries received when ho slid down a chute in the St. Kilda Domain on December 1 last. Mr D. A. Solomon represented the plaintiff and Mr B. S. Irwin the defendant society. The magistrate said .nat the defendant society was formed for the purpose of making the beach more attractive, and occupied a portion of the Ocean Beach Domain, under lease from the Domain Board. The speiety raised funds by public subscription and other means, and erected, inter alia, a chute, which was a well-known contrivance in children’s playgrounds. This chute, or slide, was some 18 feet from top to bottom. The sliding surface was originally of wood, but owing to wear and tear it was sheeted with iron some nine years ago. On December 1, 1937, the plaintiff was at the beach with his parents, and was in a bathing costume, and had been in the water. About mid-day the plaintiff’s father heard the ooy screaming, and on looking up saw the boy a little distance down the chute. He called to the boy to let go and slide down, and he would catch him at the bottom. The boy was found to have burns on the soles and heels of both feet, and also burns on the buttocks, as a result of which he was confined to hospital for several weeks. Mr Taylor did not examine the chute, as he had to attend to his boy, but his brother-in-law (Mr Carter) arrived at 12.45 p.m. and felt the surface of the chute, and said it was extremely hot Mr Trezise (president of the defendant society) and Mr Clyma (the St, Kilda Borough foreman) arrived at 2 p.m. and tested the chute, and said it -was hot, but not sufficiently so as to burn, and children were sliding down the chute when they left. This particular chute had been in use for nine years, his Worship said, and had beeh used by thousands of children without any complaint or mishap similar to the present one, and there was evidence that exactly similar chutes were in operation in two other localities. In view of this history, it could not be said that there was a danger In the use of the chute known to the society. Its experience apparently negatived the existence of any such danger. No legal responsibility, therefore, attached to the defendant society for the unfortunate accident. Judgment would be given for the defendant, with solicitor’s fee (£0 15s 6d)