A CLAIM FOR DAMAGES.

Taranaki Daily News, Volume L, Issue 60, 14 September 1907, Page 3

A CLAIM FOR DAMAGES.

A case of some interest to warehousemen and tradesmen occupied the attention of the Supreme Court at Christchurch on Monday and Tuesday, when a builder and contractor named Bradshaw claimed from Messrs Mason, Struthers and Co., ironmongers, the sum of £2500 damages for injuries alleged to have Icon received through the negligence of the defendants. Mr' Stringer, K.C., appeared for the plaintiff, and Mr Hoskiug, K.C., of Dimedin, for the defendants. In his evidence the plaintiff said that on February 10 he was making some purchases at Messrs Masdn, Struthers and Co.'s shop. He saw a roll of canvas on the landing at the to]) of the warehouse stairs, lying square with the top step, and within a few inches of the edge of the step. After completing his business, and as he and his assistant and the storeman .approached the stairs, the storeman asked him a question, and he turned his head to answer, when his foot tripped over the roll of canvas, and he was shot down the stairs.. 1T« was "severely iifjurcd, and was attended by several doetors. He had not been able to do anykind of work since the accident, and was scarcely able to get about. When at work as a contractor he made from £0 to £7 a week. Under cross-exam-ination by Mr Hosking, Bradshaw said he was an engine fitter by trade, but had not worked at that trade since he came to Christehurch about four years ago. He became bankrupt in 1904, at which time he owed money to Sydney creditors. Since he got his discharge he had done nothing except building four cottages at Sydenham. He had borrowed the money to put up the cottages, and had retained from the mortgage moneys' about £3 weekly for his own Work. A short lime before the accident he had effected insurance for £IOOO and £0 10s a week for total disablement In the event of his meeting with an accident. Since the accident he had received £0 10s a week for 20 weeks. While in business he had advertised for working men with capital, and had obtained four, who had lent the money on the security of the cottages, and had worked for him for wages. These men hid not been paid their advances, but they still held their securities. He had orders to two creditors on the amount of damagjaajigx-jight bo awarded- in the action. Several doctors deposed as t9 the injuries plaintiff had received. On the other hand, a doctor called by the defendants said he had found that the plaintiff was not consistent in his response as to the tests for damages to the nervous system. The man's future condition of health, he thought, would depend upon the result of the present case. Another doctor said he considered that after the case the plaintiff would have to get better. It seemed to him that plaintiff was deceiving himself with an object in view. The evidence of the employees of Messrs Mason, Struthers and Co. was cntirelv unanimous that there was no roll of canvas lying on the floor at the head of the stairs, and therefore that Bradshaw could not have fallen over it. The storoman's evidence went to show that Bradshaw stumbled, and then fell down the stairs. The special jury, after a brief retirement, found for'defendants, with costs.