FALL FROM A TRAM CAR

Dominion, Volume 14, Issue 229, 22 June 1921, Page 2

FALL FROM A TRAM CAR

CORPORATION SUED FOR DAMAGES. Mr. E. .Page, S.M., yesterday heard the case of John Bires, carpenter, against the Wellington City Corporation, a claim to recover £5O damages in respect to injuries received by plaintiff in falling from a tramcar. ,T : O’Regan appeared for the plaintiff and Mr. J. O’Shea for the corporation. The plaintiff in evidence said that <;n Saturday, March 5, be boarded an Inland Bay car at the front of the car; it was a double-decker, and there were two other persons there. He was on the point of getting his fare out of his coat pocket when the car swerved and ne was caused to lean against the wicket gate on tho platform. The gate, which he thought was secure, flew open and he fell off the car (against mother ear which was moving in the opposite direction. He received a number of injuries, and was incapacitated for three weeks. His wages averaged £7 per week and he had been in constant employment. He was perfectly sober at • tho time of the accident. To Mr. O’Shea: He left work at noon on the day of the accident and went home. Ho left home again at 2 p.m. and went to Abel Smith Street with his mate, Pointon, to measure up a job. They then went to the Duke of. Edinburgh Hotel, where they met Pointon'* brother and another. They had two drinks, and then three of them got into the Island Bay car. They remained on the platform, although they could have gone upstairs or inside. Witness was the only one thrown off the car. Claudo Henry Pointon, carpenter, gave corroborative evidence. For the defence it was claimed that there was no negligence on the part of tho corporation, that plaintiff had acted in a.careless manner, and that the corporation could not accept responsibility for his action in leaning against the gate, which Mr. O’Shea submitted was in good order. , Robert James'Smith, motorman. and Richard 'Moore, conductor on the car from which the plaintiff fell, gave evidence, and stated that as far as they knew the gate was in good order The Magistrate reserved his decision and intimated that he would examine the car in the meanwhile. x