AN EMERGENCY STOP

Dominion, Volume 12, Issue 75, 23 December 1918, Page 3

AN EMERGENCY STOP

SEQUEL IN LITIGATION. The case in which Emily Harkom, widow, of Wellington, sued tho City Corporation, for .C4B 10s. damages as the result of being injured through the sudden stoppage of a tramcar, was continued before Mr. W. G. liiddell, S.M., at the Magistrate's Court on SaturdayPlaintiff was a passenger on a Wallace Street tramcar, No. DO, en the evening of July 30. When near the Hankey Street stop, at tho corner of Hopper Street, tho car was pulled up suddenly by tho inotorinan, who stated in-his evidence that he acted in response to the sounding of an emergency signal.' Plaintiff, who was standing up at Iho time, preparing to alight, was thrown violently against a sent, and she suffered an injury to one of her legs which laid her aside for a period of three weeks. She alleged that the mishap was due to the negligence' of the motornian, and her claim for ,£l6 10s. was made up ns follows:—Loss of three weeks' wages, <£" 10s.; medical expenses, £1; general damages, ,£lO. iFor the'defence it >\as contended that the car stopped because the emergency bell had been rum,'.

.Mr. li. M. Bei'chey appeared for the plaintiff and Mr. J. .O.'Sheo. for the corporation. In giving judgment, His Worship said that the claim was of an unusual nature, inasmuch as tho plaintif! charged the defendant's servant with having negligently driven <i trnmcar, and thus causing her injury. Tho proof of negli-gence-was the onus of plaintiff. If the cm- had over-run: the stopping-place, and the emergency brake had been applied suddenly there would liave been- negligence on the part of the raotormnn. From the evidence :'n the case, which was not very satisfactory, he considered it was possible thnt tho inotorman had received a signal that caused him to stop the car suddenly. On tho evidence, plaintiff must bo nonsuited, but seeing that she had suffered injury, it would be n graceful act on the part of the corporation if they could see their way clear to reimburse her for the three weeks' loss of wages, and the medicol expenses she had incurred. Mr. O'Shea said he would make a recommendation to tho authorities on the lines suggested by the Court, but only on the condition that no appeal was made against tho judgment. Sir. Beechey gave notice of appeal, tho costs of which were fixed at £1 7s.