FALL FROM A TRAM CAR

Dominion, Volume 14, Issue 234, 28 June 1921, Page 6

FALL FROM A TRAM CAR

CLAIM FOR DAMAGES FAILS. In the Magistrate’s Court yesterilay, Mr. E. Page, H.M.. delivered his reserved Judßgmeat in the case of John Birsa affainnt • the Tity Corporation, a claim to recover £5O by way of damages. On March 5 the plaintiff with two companion!, boarded a double-decker tramcar at tr.e Duke of Edinburgh Hotel corner. They got on the front platform, and tho plaintiff stood on tho right-hand side of the car with his back towards tho flexible Iron goto which was drawn across the outlet. When the oar was rounding a bend In Manners Street tho plaintiff, who did. not havo hold of any railing or was thrown or jerked against the cate, and the latter was forced open. The plaintiff foil from tho car, and was struck by another tram, which was passing. His Worship said that the .S a .e was ' placed in its position primarily .tor tho purpose ot preventing passengeru from hoarding or leaving tho car on the wrong side. X passenger using ordinary cn , l " e would have seen, that tho gate, from its sizo and structure, was not calculated to sustain any great, pressure. -Tho Magistrate was of opinion that the gate anef its fastenings were reasonably suittod for the purpose. He thought the plaintiff had displayed a want of proper oare Ho was riding on a part of toe K clr where he should not have been Tie had hi« back to tho opening, and itook no precautions bj- way of holding a railing or otherwise securing his position, and therefore ho could not succeed on his claim. Judgment was given for toe defendant corporation with costs At the hearing, Mr. P. J- DRegan a _p neared for tho plaintiff, and Mr. J. O Shea for the city corporation.