WORKER S CLAIM FAILS

Sun (Auckland), Volume II, Issue 459, 14 September 1928, Page 12

WORKER S CLAIM FAILS

COLLISION ON VIADUCT CASE AGAINST COLLIERY COMPANY (From Our Oicn Correspondent) HAMILTON, Thursday. Following a serious accident on the private railway line between Glen Massey and Ngaruawahia on November 17, in the Supreme Court to-day Theodore Edward Herbert, surfaceman, Ngaruawahia (Mr. G. P. Finlay), claimed £1,895 damages from the Waipa Railways and Collieries, Ltd. (Mr. E. Parry). On the date in question Herbert and a man named John Chandler Hill, employees of the company, were returning: home to Ngaruawahia, in the trolley provided by the company. When crossing a viaduct they overtook another trolley, on which the surface foreman, Percival Moffatt, and Albert Ryan, were riding. There was a collision and Herbert and Hill were thrown down an embankment, a distance of over s>Bft. Both Herbert and Hill were injured. Hill recently committed suicide. PERMANENTLY CRIPPLED In his statement of claim plaintiff said that as a result of the accident he became permanently crippled. Plaintiff alleged that the accident was due to the negligence of the company in its failure to provide a guard rail on the line, to provide adequate braking appliances on the trolleys and its failure to give proper instructions to its ganger for protection of its employees. It was further alleged that Moffatt was negligent in stopping and abandoning his trolley on the viaduct. Plaintiff claimed £J,750 general damages and £145 special damages. The defendant company denied the , allegations made by plaintiff and slated that if there was negligence on the part of the company or its foreman, Moffatt, the plaintiff showed contributory negligence. Lengthy medical and technical evidence was given in support of plaintiff’s case. Mr. Parry submitted that no evidence had been given to establish that a guard rail was reasonably necessary on .the viaduct. His Honour observed that he was inclined to agree with Mr. Parry on the point. Mr. Finlay concurred. The case was adjourned until tomorrow . A verdict in favour of defendant* was given to-day.