CLAIM FOR INJURIES

Dominion, Volume 12, Issue 55, 29 November 1918, Page 3

CLAIM FOR INJURIES

KNOCKED OVER BY A MILK-CART.

"icster<ky afternoon in the Magistrate's Court Mr. W.. G. Eiddell, S.M., delivered reserved judgment in the civil action brought by Julius Hauscn Against Henry Bodley and Sons. The judgment stated that on May 29 plaintiff was travelling in a tramcar up Molesworth Street, and when approaching Pipitea Street signalled the motorman to stop, and proceeded to alight, carrying his child in his arms The roadway on tho left side of the car is narrow, and as - plaintiff stepped off the car he was struck by defendant's cart, which was being driven past the standing tramcr. Plaintiff and child both suffered injuries, for which damages totalling £]9 10s. wore claimed. Hie Magistrate hold that the space between the tramcar and the pavement was considerably less than 17ft. (tho minimum space set out in tho by-laws in which a vehicle may pass a stationary tramcar), and any driver passing a tram at the stop in question would be guilty of negligence. The driver should either have pulled up or have pawed the tram on the offside, as i the street was clear nt the time. After reviewing the evidence for the defence, in which it was stated that the driver had endeavoured unsuccessfully to bring his horse to a standstill behind the car, but was unable to do so as the animal was restive, the Magistrate expressed the opinion that the explanation' was not in accord with the weight of evidence. Judgment was accordingly given for the plaintiff tor ,£lB, with costs totalling M 4s. Leave to appeal was granted, and security was fixed at .£lO 10s. above the amount of the judgment. At. the hearing Mr. H. F. Q'Leary appeared for the plaintiff, and Mr. T Neave for tho dofendant.