LAW REPORTS

Dominion, Volume 9, Issue 2697, 17 February 1916, Page 9

LAW REPORTS

, SUPREME COURT

A CLAIM FOR DAMAGES

An accident in a motor garage in the City m June last resulted in a claim for damages being heard in the Supremo Court yesterday before His Honour Mr. Justice Chapman am} a common jury of twelve The plaintiff in tho caso was Donald Fraser, motor mechanic, of Wellington, while the defendant was Mrs.' Ellen Nightingale, motor garage proprietress, of Wellington. Jlr. T. Neave (instructed by Mr. Howard Hill) appeared for the plaintiff, Mr. r. 31. Wilford representing the defendant. According to tho statement of claim, the plaintilf was in the emnloy of the .defendant, and on Juue 16 last was engaged in the work of overhauling n car.. In the performance of this worfc ho had to crawl beneath tho car, and to use an electric extension lamp. Plaintiff said that this lamp was not protected by wire-netting or other suiU aide covering, although the defendant (Mrs. Nightingale) should have seen that the lamp was eo protected. While plarntiff was engaged in his work, the glass of.the lamp broko and pieces of tho glass entered one of his eyes, destroying the sight thereof. Plaintiff now ciaimed '£20 as special damages for medical attention,' and £500 a* general damages. For the defence, it was denied that tho plaintiff was employed by Mrs. Nightingale as a motor mechanic. He was (defendant 6aid) employed .is ft casual hand, and his duties did not require him to go underneath a motor or to use an electric extension lamp. Generally the allegations of the plain tiff were denied.

Evidence was given on both sides, and the case was tren adjourned until 10 o'clock this morning.