WHARF ACCIDENT

Evening Post, Volume CXIII, Issue 31, 6 February 1932, Page 13

WHARF ACCIDENT

CLAIM FOR DAMAGES

The- hearing of an action brought by Philip Cecil Green against H. W. Thomas, Ltd., carriers, for £374 3s Sd damages, was commenced in the Supreme Court on Thursday afternoon. The action arose from an accident in a wharf shed in October last, when a motor-lorry,'in backing, crushed plaintiff against a goods trolley. His Honour the Chief Justice (Sir Michael Myers) occupied the bench. The statement of claim showed that on 9th October, 1931, plaintiff was working in the employ of the Wellington Harbour Board, removing goods from the wharf into' a shed; that a motor-lorry under the control of a servant of the defendant company was standing in the shed; that the- driver, it was alleged, negligently and unskilfully controlled the lorry, which crushed plaintiff. It was further alleged -that (he driver's negligence consisted in failing to observe plaintiff standing bohind the" lorry; that the lorry was backed without a proper look-out being kept, and that the driver failed to sound a horn or otherwise give warning that tho lorry was about to back. As a result of the accident plaintiff suffered injuries, for which ho claimed £300 general damages, medical expenses, and loss of wages—making a total claim of £37-.l 3s Bd.

The statement of defence was a general denial of negligence, and an allegation that if plaintiff had exercised reasonable care lie could have avoided tlm evidence yesterday his Honour briefly summed up. The jury retired and subsequently brought in a finding for the defendant, with costs ai-cordinpr to soiilr. %r