A DUNEDIN TRAMWAY ACCIDENT.

Colonist, Volume LXII, Issue 15308, 23 February 1920, Page 3

A DUNEDIN TRAMWAY ACCIDENT.

MAN AND WIFE CLAIM DAMAGES. | j [UtuxED Press Association.] j - ' Diinedin. Feb. 19. j At the Supreme Court to-day, before • I the Chief Justice (Sir Robert Stout); jjind a iury, Robert Douglas Kenny and \ ■Elizabeth Kenny claimed £633 general1 I damages and £117 special damages j from ihe city corporation. The state-1 , ment of claim alleged that Elizabeth * Kenny (wife of the other plaintiff) was J a passenger by a tramcar on Jiily^ 14 i last, and while alighting was thrown to [the ground, thereby sustaining fracj turcs of the right femur and the right j v/rist. She had. been prevented from ; attending to her household duties, and [was likely to be prevented from so doi ing for one year.' from the date men- | tioned. She would be lame for the rest j of her life. j Defendants denied that Mrs Kenny, ; was injured by reason of negligence of\ 1 their servants. : j His Honour put the foltowing three s issues to the jury; (1) Were the ser- ! vants of the defendant corporation ; guilty of any negligence that caused the •: accident, and, if so, what negligence? I (2) Was plaintiff,-Mrs Kenny, guilty of i jany 7iegligence that led to her acci-j Uient?. (3) What damages (if any) are' I plaintiffs entitled to receive—(a) the: I plaintiff, Robert Douglas Kenny (b) j the plaintiff, Elizabeth Kenny ? j The jury returned the following ver- ; met: - (1) Yes; the conductor should j have seen that all passengers who wishj ed to alight were clear of the car before j starting. (2) We have no conclusive I evidence before us that Mrs Kenny was stepping off or was thrown off by the ; movement of the car. (3) The plaintiff, i 7\°^ rt Doll2: las Kenny, should receive I £100, and Elizabeth Kenny £350 dam- | agos. j Counsel for defendants maintained lth.it the jury had not answered the j second issue. He will argue on Moniday morning that judgment should be' I given for the City Council. |_ Counsel for plaintiffs will argue that ■judgment should be given for his clients. j