A TRAMWAY CASE

Dominion, Volume 11, Issue 137, 27 February 1918, Page 9

A TRAMWAY CASE

DAMAGES AWARDED PLAINTIFF,

A case of some importance to passengers on tramcars came before Mr. »■. 5. Biddell, S.M., in the Magistrate a Court yesterday, when Alfred \V"liani Fletcher proceeded against the uty Corporation, for £20 damages in connection with a, tramcar incident. It is a common practice with some of the tram conductors to let down the exit guards before reaching the destination, and thus compelling passengers to align u on the wrong side. On the car on which plaintiff travelled the conductor changed the running board before blip; ping the guard rails, and plaintiff, unaware of this, alighted on the proper side, and the step being turned up be fell heavily on the road on his left side. In his evidence the plaintiff, for whom Mr. E. M. Beechey appeared, said that lie boarded the car at Courtenay Place and rode as far as Kilbirme. As the car was pulling np he moved to the side of tho tram to stop on to the running board, which, however was not in position, and he fell on the road. Both side rails were up, and there was nothing to prevent him stepping ott tne car on the left side. If a warning had been given at all, which he denied, it came too late. The tram had practically stopped when ho stepped down to the running board to alight. Mr. O'Sbea here pointed on.t that a by-law prohibited passengers travelling on the steps of cars. , • Dr. John G. Thompson, who attended plaintiff,- said that the latter was suffering from severe bruises on the left arm and side, and was so knocked about that witness advised him to lay up for a week at least. Inspector Corloy, who was standing at the terminus at the time of the occurrence, said that plaintiff came to him directly after the accident, and in the course of Ins remarks said that he did not wish .to. give Ms name and so get tho conductor into trouble, as ho Tiad been warned The car was pulled np about 73 feet from the regular stopping place, and plaintiff must nave started to step down just as the car rounded the corner. Passengeas should not leave their Beats until the car has actually stopped, though it «as a common practice for passengers to stand on tho running board just a» stopping places were reached. , Conductor Pearson stated.that plaintiff was the only passenger m the open central portion of a double-bo* car, and as witness moved past him after toweling the stop on tho right side of tie car ho touched him on the ahonloer and directed his attention to tho step on "Magistrate said that if the running board had been m its proper position the accident would not have occurred. The raising of the footboaid before the car had actually reached a terminus was an act of negligence Judgment was given for plaintiff tor £10 and costs £3 Is. Mr. J. O'Shea, City.. Solicitor, appeared for the corporation.