The Archive · 1928

Wednesday's Hearing

Avfinal witness, Mr. M. WW. Olsoufief; appeared for, the. plaintiff at the commencement of proceedings yesterday and testimony yeas added to the previous day's to the extent that witness had known plaintiff in 1925 at a boarding house at 3 Yang. Terrace, and that plaintiff had appeared shaken up when witness had seen him after the secident, alleged by plaintiff to have resulted severe injuries to himself when he had fallen off an S.M.E.D. truck conducting Russian workers to the Riverside Power Station in Ju 1925, Subsequently evidence was presented by the defence and Mr, A. D. Tell, formerly ju the Electricity partment, who told the Court of his early acquaintance with plaintiff which had resulted in the latter's obtaining a Yosition in the depart ment. Witness did not recall the particulars of the accident. Mr. W. E. Naps, resident engineer at the Riverside Power Station, S.MLELD., next gave evidence and described the duties of plaintiff who worked dit-actly under him. Plaintiff, he said, was employed from June until early September and passed the orders received from tle engineer in charge little English, to the Russian firemen employed at the plant, Plaint if had been anxious to remain in the employ of the Council, and had spoken to witness to act on his behalf. Following questioning from is Honour, Major Isler, witness stated that plaintiff's position might called that of "foreman."

Following this, Mr. J, Harris, in charge of the lorry conveying the Tussians. to the station, gave evidence, The method of proceeding was described, witness saying that on the afternoon in question at about 2 p.m. the truck drew up near the Fre.ich School for Chinese in Thibet Road, and after it had stopped the Russian workmen waiting there clambered in, As was customary when the word was passed on to the driver that all were ready, the truck started up. Just after' it kad clarted, however, witness had heard shouting and indication that there was. trouble. When the truck was stopped, witness had gone to the rear and found plaintiff sitting up, and rubbing his hip. At the other end nothing had been said further about the accident, witness said.

Mr. 0. L. Tibert, in charge of one of the shifts at the station during the period in question, told the Court thet ko hed noticed nothing particularly wrong with plaintiff the time, although he recollected tift that he could go liked when the accident was mentioned. Mr, J. F. Alcorn, also of the Electricity Departmen', presented similar evidence, as did Mr, E. B. Ackerman, one of the engineers in charge of the boiler house, the Doctor's Evidence 'A Russian companion of plaintiff fon the day of the accident, by name Kasminsky, likewise described the accident, and declared that plaintiff had fallen on his back and hit his head.

Next witness for the defence wes Dr, Wall, who had examined the plaintiff, "He stated to the court that he did not believe that deafneaa could been due to the accident to plaintiff the previous June to his examination. The apparent deafness appeared to have been due to an injury to the inner ear, though witness voiced a strong suspicion that plaintiff had done a certain amount of wilful exaggeration. This suspicion was confirmed by witness through special testing apparatus and plaintiff had been table to hear out of the allegedly bad oar, A discussion of the possibilities of traumatic neurosis was gone into by Dr. Wall, also.

In summing up the defence Br. Badeley stressed his claim that rensonable care had been exercised by the guard in charge of the lorry, and that negligence on the part of the Councih had not been proven by the evidence. Furthermore that it! had not been proven that the in-Juries alleged by plaintiff were the result of the accident.

Mr, Musto submitted to the Court, among other points that his client's sincerity was attested to through the fact that following the accident he had oaked the Council to appoint a doctor to examine his ear. In con clusion he asked for a just compensation for his client.

The Court reserved judgment and adjourned shortly past 5 p.m,

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account