ACCIDENT IN SCHOOL

Dominion, Volume 14, Issue 234, 28 June 1921, Page 9

ACCIDENT IN SCHOOL

PARENTS’ CLAIM FOR DAMAGES ACTION AGAINST EDUCATION BOARD An action for damages, arising out of the collapse of a school, form, was partly heard in the Supreme Court yesterday before His Honour Mr. Justice Salmond and a special jury* of twelve, of whom Mr. A. 11. Hitching was foreman. Denis Delaney claimed from the Wellington Education Board JJ1552 damages on behalf of his seventeen-year-old daughter, Winifred, for injuries allegedly received through the breaking of a form on which she was sitting, while a pupil at the Technical College. Mr. D, R, Hoggard appeared for the plaintiff and Mr. A. Gray, K.C., with him Mr. J, 0. A. Hislop, for the defendant board. The Damages Claimed. In opening the case for the plaintiff, counsel' explained that damages claimed were as follow i—For loss of the girl B domestio services, -C250; special damages, JJ2OO; future expense relating to treatment, £lOO j general damages, £lOOO. The girl sustained injuries through the collapse of a form while she was attending a shorthand class at Northland on February 28, 1910. She received injuries to the spine and head, and was removed to hospital. Bho had been kept in a straight-jacket for six months, and when discharged from hospital had to continue wearing a spinal support. Ttelaney placed his daughters case before the Education Board in October, 1910, “ counsel. "Beyond extending a sympathetic hearing, the board decided not to do anything in the matter. Evidence given by the girl was corroborative of counsel s statements. Bne said that at first she did not think there was anything seriously wrong but severe pains led. to consultation with a doctor, and after X-ray treatment had been given her, she was taken to ho£ pital and put in a special cradle, in which she remained for six month. Despite massage, regular treatment special diet, and medicines, she still s t fered. daily severe pains in the head. She was not able to perform ordinary domes-Cross-examined: Witness said she had continued the shorthand class for mx months after the accident, with the ex ception of a few days bJ it. She struck her back on the seat behind as eh-U fell. _ . Counsel asked witness Y he % e J Delaney (mother of the plaintiff, Denis Delaney, gasfitter, who said that he attached no importance to the accident until the pains in the h commenced. Already he had expended money as follows f<*s £M massage, £54; special jacket, £M IbM mattress and bed, £2 135.; dru£, ol£ and special diet, -E9CI; «P eM ° 3 . ° In special change of surroundings, £3A 15 Dr A. Robertson, who attended ine girl,’said he found an ® lateral curve, on the base of the epi , Ind concluded that she had injur*! the coccyx. He could not eay that lateral curvature was caused by the " it might have been aggravated l by it. For a long time, he thought, the girl would not be able to engage in a sedenfarv occupation, such as that of a \ S'isu. -i she will fully recover," said the Dr. William Young also gave evld ' n <£ saying that there was a chance of recovwy. _ , The Defence. For the defence, Mr. Gray formally asked for a nonsuit on the grounds that not liable; (c) there was no proof of the supply of defective forms.

»H«. «t lh«l «*•« the Education Board and the Technica that the duty of either was to do more than to supply apparatus. His Honour noted the application the point, and gave Mr Gray leave to apply again at the end of the trial. Mr Hislop opened the case for the defence. Addressing the jury, he “ “ that all felt sympathy for nate girl, but negligence had to be proved The plaintiff alleged that the board acted negligently but was there proof that the defendants had not Wed as reasonable people? The occasion of the collapse of the form was rue.first fn fifteen years. Ho submitted the injuries were not due to the ace dent. jbr. Walter John. H. Hislop raid that he, in company with other doctors, had oxamined Winifred Delaney, whose physical development was rather below the average. There was a slight degree of lateral curvature on the rpine in the dorsal region—below the shoulders and above the waist, a common situation for lateral curvature. The most common cause of lateral curvature was bad. carriage. There was practically "'’thing wrong with the girl's spine, although she complained of pain when a sharp tap was given the spine—not uncommon in growing people with a nervous temP Dr™ Ernest William Giesen said he had examined the girl in May last there was nothing to* show that she had any injury, but at that time she was wecring a steel frame jacket. She was. not in pain at the time of the examination. 3 he fact that the girl felt pain after sharp taps on the spine was noi; ramwknbM. Witness did not neo any signs of curvature during his examination. In his opinion curvature was never caused by n, foil. He did not know wnat caused the girl's curvature, but he assumed that it had taken place before the fall. Curvatures wore usually painful. He did not think the fall would have caused tearing of the ligaments, as suggested. When a person oat down heavily on the floor the greater portion of the shock was sustained on the buttocks, not on the coccyx. After the last witness Imd been crossexamined. the Court adjourned until 10 n.m. to-day.