DAMAGES CLAIM

Hokitika Guardian, 30 June 1933, Page 5

DAMAGES CLAIM

RESULT OF FALL (Per Prsss Association Copyright.) WELLINGTON, June 29. Damages ■ totalling £3265 16s are being claimed by Gertrude Laura Cresswell, in an action commenced at the Supreme Court to-day, agaisnt the Dominion Farmers’ Institute, Ltd. It arises out of an accident which befell the plaintiff when acting as manageress of defendants’ tea-rooms. Mr Justice Ostler is on the Bench.

According to the statement of claim, she was passing through a doorway leading to the cooking room, when, owing to the defective condition of the premises, she fell, down some steep, wooden steps, It was condemned on various grounds by plaintiff that the steps were dangerous'. She received severe injuries to the head and body, suffered severely from shook, concussion and acute and permanent neurasthenia. In consequence, she is incapacitated fi’om working. She 'claimed,"special, dartt* ages amounting to £385 lfiw and :£2859 general,

The defence was a general , denial that the premises were dangerous and unsafe, and if they were, plaintiff was responsible, for when the tea-rooms were being designed and constructed, the defendant company consulted and deferred to the ru'clvice of plaintiff.

.Further, it was stated that if the premises were dangerous, which was denied, the danger was known to the plaintiff, and could have been avoided by exercise of reasonable care, anil the accident- was solely attributable to the negligence of the plaintiff. The Court inspected the seene of the accident, and the ease is proceeding.

In the Cresswell damages claim, export evidence was given by architects and builders regarding the construction of the premises. The hearing will be continued to-morrow.