UNUSUAL ACCIDENT

Hokitika Guardian, 12 November 1930, Page 6

UNUSUAL ACCIDENT

HUSBAND AND WIFE' CLAIM DAMAGES. | By Telegraph, Per Ureas Association. WELLINGTON, November 10. The extent of the liability of the City Corporation if the head of a train ear trolly pole falls upon a person in the street was the question Air Barton, S.M., was asked to decide in a case in the Magistrate’s Court. Plaintiffs were Harry Koppert and his wife, Margaret Robinson Koppert, of Oaniaru, and the defendants the City Corporation.

Plaintiffs alleged that the defendant carelessly and negligently drove a tram car so that the trolley head fell upon the female plaintiff, seriously injuring her. Plaintiffs claimed £63 special damages and £IOO general damages.

Airs Koopert, in evidence said she was walking on the footpath when a trolley pole head flew off a passing tram ear. It hit her on the shoulder and then grazed her side. She was stunned by the shock. Her costume coat was torn and the skirt ruined bv rush and grease. She had to receive medical attention, and for some time afterwards, could not do any work.

Harry Koppert. engineer, said the trolley head was kept in position by a set-screw working in a groove, and was attached to a safety rope to prevent the head from flying off if the set-screw worked loose. Tf the head did fall off the screw must have become very loose and the rope must have been in a very had state of repair to break. If the rope did not break it must have been improperly tied.

Air Lockie. counsel for the Corporation, submitted that it had taken every precaution to avoid the accident. Everything was in proper working order. The Council felt a great deal of sympathy for plaintiffs, but if it were held liable for accidents of this nature over which it had to control it might he mulcted in damages amounting to thousands of pounds. It would have no possible hope of avoiding it.

The ATagistrate reserved his decision.