CLAIM FOR DAMAGES

Wanganui Chronicle, Volume 71, Issue 221, 18 September 1928, Page 8

CLAIM FOR DAMAGES

INCIDENT ON A TRAM (Per Press Association.) WELLINGTON, Bept. 17. Allegi g t’ 1 he had been injured as a result of an unprovoked assault committed upon ' ini by a tram conductor in December last. Albert. Robert James Bradford, labourer, proceeded against the Wellington <’ity Council in the Bupreme Court to-day for £ll6l 2s damages. Th - claim was that plaintiff boarded a tramcar vrhich moved off suddenly before plaintiff was properly aboard, and when he got insole the compartment he complained to the conductor. The latter thereupon ordered plaintiff to leave t- tram and assaulted him by ha. it* ring at his right, arm wh ' he was holding on to the handle. When the tram reached a stopping place the conduct or Jilted p atilt to the ground in a fainting condition. By the assault it was alleged that the radius of the plaintiff’s right arm was fractured, and he was obliged to receive medical, hospital and surgical attention. He had lost the use of his right arm from the date of the assault and had been unable to do any work. Claim was made for £BOO general damages and £364 2s special damages, allowing for £5 10s already paid by defendant.

The tiefence was that plaintiff had boarded the tram in an advanced state of intoxication. He lurched across the road from a hotel on a corner and managed with great difficulty to board the tram. On entering the compartment he fell down and lay prone, at the same time making use of foul and abusive language. The conductor was obliged to remove him from the tram. If plaintiff had suffered injury it was due solely to his drunken condition and the resistance he offered to the conductor. Jt was denied that the tram started suddenly, or that the alleged assault had taken place. The conductor had acted to preserve deceny and the safety of the passengers. After evidence for both sides had been given, the case was adjourned until Friday so that one other witness could give evidence.