ALLEGED

Hokitika Guardian, 20 September 1928, Page 4

ALLEGED

TRAM PASSENGER CLAIMS HEAVY DAMAGES. WELLINGTON, September 17: Alleging that he had been injured as a result of an unprovoked assault committed upon him by a tram condutor. in December last, Albert Robert James -Bradford, labourer, pi'oeetled against the Wellington City Council in the Supreme Court to-day for £1164 2s damages. The tt-lam was that plaintiff boarded j a tramcnr which moved off suddenly before plaintiff was properly aboard, and when ho got inside tho compartment he complained to: the conductor. The latter thereupon ordered plaintiff to leave the tram, and assaulted him by hammering at his right arm while lie- was holding 011 to the handle. When tiie tram reached a stoppingplace the conductor lifted plaintiff to tho ground in a. fainting condition. By tho assault it was alleged the radius of plaintiff’s right arm was fractured, and ho was obliged to receive medical, hospital and surgical attendance. He had lost the use of his right arm from the date of the assault, and

had been unable to do any work, a claim was made for £BO3 general damages and £364 2s special damages, allowing £5 10s already paid by defendant.

The defence was that plain! if had I hoarded the tram in nri advanced state of 'intoxication. Ho lurched . across the road from an lintel on :: corner and managed with great diffi-c'-.Hy to loard the train. On entering, the compartment lie fell down and lay prone, at the same time making use of foul and abusive language. The conductor was qbligcd to remove hint from the tram. If i.laintiff had suffer-I od injury it was duo solely to l»i> j drunken condition and the resistance, ho offered to the conductor. It was | denied that the. tram started suddenly I or that the alleged assault had taken I place. Tho conductor had acted to preserve decency and the safety of the passengers.

After evidence for both sides had been given, tho case was adjourned until Friday, so that one other witness could give evidence.