FALL ON A FOOTPATH.

Sun (Christchurch), Volume VI, Issue 1642, 20 May 1919, Page 4

FALL ON A FOOTPATH.

CLAIM AGAINST CITY COUNCIL. The case in which William James Jenkin, manager of the Canterbury Wire Working Company, proceeded against the Christchurch City Council for £2OO damages, as compensation for injuries he received to his left foot and sukle through falling on the footpath in Hereford Street, outside the National Mutual Life Assurance buildings on November 5 last, was continued before Mr S. E. McCarthy, S.M., at the Magistrate's Court yesterday afternoon. Plaintiff alleged that the City Council had wrongfully neglected the footpath. Mr A. F. Wright appeared for the plaintiff, and Mr H. H. Loughnan for the City Couneil. Mr Wright read the evidence, taken on commission, of Mr A. Kaye, who stated that he had often noticed the depression in the footpath as described by plaintiff. Mr Wright said that this evidence closed his ease subject to the calling of medical evidence later on. For the City Council, Mr Loughnan said that plaintiff's case was founded on alleged negligence. He submitted that there was no evidence of negligence. The only suggestion of negligence was a hypothesis that the cause of the depression in the footpath was negligent work on the part of the City Council's workmen 2J years before the accident took place. There was no evidence at all that this was the 'ease; The fact that the footpath (developed a depression was not evidence of negligence 2i years before. Mr Loughnan contended that there was no ease to answer. Mr Wright said that the ease quoted by Mr Loughnan had no bearing on the present action. The footpath was a permanent structure, and, therefore, it was the duty of the couneil to see that its foundation was made properly. The expert evidence showed that the depression was due to the fact that the soil underneath had not been rammed properly. This was evidence of negligence on the part of the City Council and therefore there was a case to answer. The Magistrate held that the City Council had a case to answer. Charles James, foreman of the City Council's waterworks, said that a considerable amount of water was pumped out of the excavations made for the National Mutual buildings. He knew this because he had occasion to remove a water pipe under the footpath that had been left exposed by a portion of the footpath falling in when the excavations were made. He considered that approximately the footpath, to a breadth of three feet along the building, had fallen in. He had visited the scene of the accident on November 6. There was a hollow the greatest depth of which was 18 inches under the surface of the footpath. The hollow was deepest near the building. He considered the depression in the footpath was due to the fact that, in pumping out the water in the excavations for -the National Mutual buildings, the water had washed a cavity under the footpath which had not been filled in. It was only a matter of time before the earth above fell into this cavity, thus causing a • depression on the surface. Although the contractor filled in with all eare the excavations he had caused in the footpath for the purpose of getting in his foundations, it was still possible for the cavity witness had described to exist. On account of the size of the depression on the surface he was sure a cavity must have existed beneath. To Mr Wright: He had not at first considered the depression was due to a leak in the water main. The foundations of the building had had to be made deeper near the place where the depression occurred than at any other place. He could give no idea at what depth from the surface the cavity would be or the depth of the cavity itself. Arthur Dudley Dobson, City Council's surveyor, said that when the footpath was ready for repairs after the National Mutual building had been completed, he inspected it and was quite satisfied with the way the excavations had been filled in. The footpath was opened for traffic some time before the asphalt was put on. The soil was then well rolled with a 12cwt roller and after the asphalt was put on, the footpath was again rolled. Any depression that took place would be of a general nature. The footpatli was opened for traffic some time before the asphalt was put on so that any immediate depression might be detected and so that the surface might be properly solidified. At 4.25 the case was adjourned until 2.30 p.m. on Monday next.