SUPREME COURT.

Taranaki Herald, Volume LXIII, Issue 144855, 6 December 1915, Page 7

SUPREME COURT.

SITTING AT NEW PLYMOUTH. CLAIM FOR DAMAGES FOR PERSONAL INJURIES. SEQUEL TO A COLLISION. At the Supreme Court at Now Plymouth this morning, before his Honour the Chief Justice (Sir Robert Stout), William Percy Doog, piano tuner, of New Plymouth ,sought to recover £IOOO damages tor pel sou injuries received us tue result of a collision, on October Si, IDI4, wan a goods train crossing the lore] crossing near .Ngaero. Mr. A. Jl. Johnstono appeared for the suppliant, and tlie lion. A. L, HcnLniun (Attorney-General) and Mr. U. R. Ruling tor the Crown. ■Tue following jury was empanelled;— Geo. A. Clark, Percy Geo. Ulson, Wm. Coombes, Thos. Hawkings, J. T. Mannix, G. T. W. M‘Roe, —. Ellenu, F. S. Rutler, P. B. Sole, T. Fuidong jun., J. Lynch and J. Hayden. Mr. Furlong was chosen foreman. Mr. Johnstone said His client had for ten or twelve years carried on business in New Plymouth and throughout Taranaki as a piano tuner. On October 31 of last year his business took him to Fraser Rond, which was six miles on the southern side of Eltham. He finished ius business during the afternoon, and set.out ou-his bicycle for New Plymouth. He remembered passing through Eltham and Ngaerc, but ho had no recollection of., anything else that occurred that day until he regained consciousness in the Stratford Hospital, lato in the evening. He then found that his right log was badly damaged and that he was sulforiug from snook. What had happened was this. As the jury perhaps Knew, the main line ci railway crossed the Mountain Hoad—which was the main road from'New Plymouth to Wellington—at a level crossing one or two miles to the southward of Stratford, and as Mr. Doeg was crossing this ho was caught by a goods train travelling downhill from Stratford towards Ngaerc, ami there suffered severe injury. Ho was taken in a motor-car to the Stratford Hospital, where bo remained, for four or live days, and then, as his wife and family resided in New Plymouth, ho was removed to the New Plymouth Hospital on November 6, and remained in the institution until February 22. Although everything was done that medical skill could do io save his leg this was found impossible, and on January 15 it was found necessary to amputate it. Mr. Johnstono, continuing, said he did not anticipate much difficulty in proving that the accident happened and that the injuries resulted from the accident. It was, however, necessary that he should prove something more than this. He had to establish that it arose owing to the negligence of the servants of the Crown, and ho thought ho would bo able to satisfy tho jury on this point also. Wm. Percy Docg, suppliant, said he nad carried on business us a piano tuner for ton or twelve years, and in the course of his business had travelled the district extensively by means of an ordinary push bike. On October 31 of last year ho was at Fraser Road, five miles beyond Eltham. Ho had finished his work about tiueo o’clock in tho afternoon, and then set out to ndo to Now Plymouth. Ho remembered passing through Eltham and Ngaero, but nothing else until ho regained consciousness in tho Stratford Hospital. His Honour: Then you didn’t hear any train?—No, your Honour. Continuing, witness said ho was m tho Stratford Hospital for fivo days, and then was removed to tho New Plymouth Hospital. Tho kneo cap jras smashed, and tho leg fractured in three places. Ou January 15 the leg was amputated, and he loft the hospital on February 22. He returned to his work in March, hut was not able to ride a bicycle. His average # earnings for some time before tho accident had been about £5 a week, but since ho had boon able to continue his work there had been a considerable falling off’ in liis income, because ho could not get about the district as before. Ho was away from bis work for twenty-ono' weeks altogether. (Loft sitting.)