MAGISTRATE’S COURT

Otago Daily Times, Issue 24632, 13 June 1941, Page 8

MAGISTRATE’S COURT

Thursday, June 12 (Before Mr H. J. Dixon, S.M.) Judgment was given for the plaintiffs by default in the following cases:— Reddell’s, Ltd. v. Margaret Anning (Christchurch), claim £5 goods supplied, with costs (£1 15s 6d); Robert Walls v G Viney (Miller’s Flat), claim £1 6s 3d, goods supplied, with costs (10s): Guthrie, Bowron and Co., Ltd. v. Thomas Thompson, claim £7 12s 3d. goods supplied witli costs (£1 11s 6d). Fall From Tramcar George Renney. a carpenter aged 65. sued the City Corporation for £292 18a, general damages, and £92 18s, special damages, following on injuries allegedly received by him while he was alighting from a tramcar. The statement of claim set out that Renney had been riding in a tramcar which was travelling, southwards from the city along Anderson’s. Bay roao. The tramcar had pulled up at the intersection of the Bay road and Mcßride street, and the plaintiff alleged that while he was alighting the tramcar had moved off and that he had been thrown to the ground, a wheel of the tramcar passing over his right foot. It was further alleged that the conductor had been negligent m that he had rung the bell to signal the motorman to start without first ascertaining that the plaintiff had alighted completely from the car, and when in fact the nlaintiff was in the act of alighting.—Mr C. L. Calvert appeared for the plaintiff and Mr J. C. Robertson for the Corporation.—Evidence was given by Mr J. A. Jenkins (surgeon) regarding the injuries received by the plaintiff. Witness said that the plaintiff had been in hospital for 120 days.—The plaintiff gave evidence along the lines of the statement of claim.—He blamed the conductor for the accident.—For the defence. Mr Robertson said the' Corporation considered that the claim was not a genuine one, and it was submitted that no one knew better than the plaintiff that it was his own stupidity and not any action on the part of the Corporation’s servants which was responsible for the accident. It was. moreover, contended that he had not suffered his injuries in the way he alleged. He did not alight from the car while it was standing at the stop, but jumped off while it was under way, and at least 20 yards past the stop.—Evidence in support of Mr Robertson’s submission was given by three passengers on the tram who were eye-witnesses of the accident, and by the conductor, Rewi Alexander Sibley, who stated that when he rang the bell to start the car there was no sign of anyone wishing to get off.—The motorman, Norman Keech. said that the step of the car was clear when he received the starting bell. —Remarking that the evidence had satisfied him that if there were any negligence at all it was on the part of the plaintiff, the magistrate gave judgment for the defendant with costs (£3 3s) and'solicitor’s fee (£l4 2s).