STRUCK BY LADDER.

Waikato Times, Volume 107, Issue 18048, 17 June 1930, Page 8

STRUCK BY LADDER.

MARRIED WOMAN INJURED

hurt while shopping.

£157 DAMAGES AWARDED

Following upon injuries received from a ladder which fell on her whilst in defendant’s shop, a married woman named Annie Bailey, of Frankton, sued j R. 'McKenzie, Ltd., for £2OO damages' before His Honour Mr. Justice Herdman and a jury at the Hamilton Supreme Court yesterday. Plaintiff was represented by Mr. J. F. Strang and defendant by Mr. N. Johnson.

Case for the Plaintiff. In stating the case for plaintiff, Mr Strang said plaintiff had entered McKenzie’s shop for the purpose of making purchases. She was bending down to pick up some envelopes when a heavy ladder, bearing a young man, slipped and fell upon her, causing hei grave injury. A perfectly healthy woman beforehand, a woman who had never experienced any sickness, was now subjected to continuous headaohes and was unable to sleep well at night. Although McKenzies had engaged Fow, Cobbe and Co., to do certain work there, they had admitted liability for the slippery nature of the floor on which the ladder was placed, and which it was alleged was the cause of the ladder slipping. Shopkeepers had a right to protect customers doing business on their premises and plaintiff was not concerned with any adjustments that might be necessary or take place between McKenzies and a third party.

Plaintiff, Annie Bailey, gave evidence along the lines of her counsel’s opening, and said that while bending down to pick up some envelopes she was struck by a ladder which knocked her down, cutting her forehead and injuring her right arm and shoulders. As a result she was in bed for 14 days and since then had suffered from continuous headaches and sleeplessness.

Answering Mr. Johnson, witness said she was still unable to carry out her household duties as formerly. Dr. T. Milroy said that after the accident he found plaintiff to be suffering from a laceration of the root of the nose and injuries to her right shoulder and arm. She was now a neurasthenic and suffered from severe headaches. He ascribed~her condition entirely to the accident. It was impossible to say how long this condition would, continue. Her power of concentration was impaired and she was unable to do the work she formerly did. In answer to Mr Mac Diarmid, witness said plaintiff’s condition was improving. Her condition, while not definitely attributable to the accident, was probably due to it. The headaches were localised and not general. His Honour: it sometimes happens, does it not, that neurasthenia passes in these cases, with the conclusion of the litigation? Witness admitted that it did, but did not think the present case was one of that class. Dr. T. G. Fraser corroborated last witness’ evidence. This concluded the case for plaintiff. Suffering from Neurasthenia. Mr N. Johnson, addressing the jury for the defence, said the case bore out the old superstition that it was unlucky to walk under a ladder. (Laughter). Defendants, he said, admitted responsibility, and he asked the jury to assess what they considered a reasonable measure of damages. He did urge upon them that the £2OO claimed was out of all proportion to the injury the woman had received.

Dr. Hugh Douglas, called by defendants, said he examined Mrs Bailey that morning and had obtained from her a history of her physical condition. He did not consider she /vas suffering from any permanent injury. She was suffering from neurasthenia and was likely to make a complete recovery She was organically healthy. Answering Mr Mac Diarmid witness thought that with the conclusion of the case and the removal of the worry of the whole business, the tendency would be for the neurasthenia to clear up. His Honour: Such is known to happen in many of these cases, especially where women are concerned. Witness said he had heard of such. His Honour: How long do you consider she will he before the trouble clears up? About two months.

Answering Mr Strang, witness could not say whether there was a contusion of the brain. Mr Strang: Assuming there is a contusion, how long do you think it will be before it disappears? I cannot say.

Witness added that if there had been a contusion he thought it would have exhibited itself in other directions. He could not say with certainty thal she was suffering pain. Like the other doctors he had to be guided by her statements.

A verdict awarding plaintiff £157 damages was returned. Judgment was entered accordingly.