PEDESTRIAN’S INJURY

Hokitika Guardian, 17 January 1931, Page 3

PEDESTRIAN’S INJURY

ACTION AGAINST WELLINGTON CITY COUNCIL

WELLINGTON, January 14

Finding that negligence had not been proved, Mr J. S. Barton, S.M., in a reserved judgment delivered to-day disallowed a claim for damages against the Wellington City Council in a. case arising out of injuries received by a woman when she was struck by a trolleyhead which fell from one of the corporation’s tram cars. Plaintiff, Margaret Robinson Koppert and her sister were oil the footpath in Willis Street near the corner of Bouleott Street. The. traineer having stopped in Manners Street just before the junction with Willis Street resumed its journey turning the corner to go down Willis Street. While it was turning tin* trollyhead left the overhead wire, became detached from the pole and fell or was thrown to the footpath when it. struck Mrs Kopport, inflicting injuries on her. She claimed C 163 4s 2d damages. The Magistrate after reviewing the evidence of expert witnesses said it was clear that if the wheel on becoming detached was not pulled off, the consequence might be very direful. The wire carrying 500 volts might he pulled down with consequences which one hardly liked to contemplate. The true position, therefore, was that the slipping of the trollyhead from its pole and the subsequent breaking of the safety rope did not point to defective gear and lack of due care and skill as necessary inferences, but seemed rather to illustrate the working of a series of safeguards designed to meet the contingency of the trolly wheel leaving its wire . “I am further satisfied,” continued the Magistrate, “that by the choice, layout and maintenance of its system, the defendant corporation has fully met all demands for the required standard of efficiency and safety and in particular that- the overhead system at this point was in first class order.