INJURY TO KNEE

Waikato Times, Volume 124, Issue 20730, 14 February 1939, Page 8

INJURY TO KNEE

SUCCESSFUL CLAIM £963 DAMAGES AWARDED FRANKTON ACCIDENT After a retirement of an hour and a-haif the jury in the case in which Thomas Alexander Clark Taylor (18', of Hamilton, claimed £1029 19s 6d from Auto Replacements, Limited, (Frankton), awarded damages totalling £963 14s Gd, in the Supreme Court, Hamilton, last evening. The case was the last on the list for the quarterly session at which Mr Justice Smith presided. Special damages were assessed at £163 14s Gd and general damages at £BOO. The claim arose out of an accident at the defendant company’s yard at Frankton on January 18. 1938, when plaintiff suffered a severe injury to his knee, necessitating the use of a metal support for his left leg." Taylor claimed £179 19s 6d special damages and £BSO general damages. Messrs W. J. King and F. D. Robertshaw represented plaintiff and Messrs J. Hore and S. D. E. Weir (Auckland) represented defendant. In returning the verdict the jury held that plaintiff and Waugh were acting within the scope of their employment at the time of the accident and that, taking into account the actions of plaintiff as well as those of Waugh, plaintiff's injury was caused by the negligence of Waugh.