Neglect Damages

At the Doncaster County Court yesterday an action was brought by a man named Stimson, residing at Laistergate, to recover from the Mexborough Local Board £50 for damages in consequence of injuries to his wife through the alleged neglect of the defendants.

Plaintiff’s case, as put by Mr. Hall, his solicitor, was that while his wife was visiting with her relatives at Denaby, she, on the 9th September last, went to Mexborough Market, and while near the market fell over a heap of stones left by the servants to the Local Board and broke both her wrists. She was attended first by Mr. Sykes, of Mexborough, and next by her own medical man at Laister Dyke, and was not able to do anything for three months, and was now far from well.

Mr. Beverley, barrister, for the defendants, took the objection that the action should have been commenced within six months of the injuries being inflicted. The accident occurred on the 9th September. The action was not commenced till the 20th March.

Mr. Hall remarked that he did not enter the cave, but he contended that defendants were barred from taking this objection in consequence of not giving notice of their intention. He also held that this was “resulting” or “continuing” damage; that plaintiff’s wife got worse after she had apparently got well; and that this would meet Mr. Beverley’s objection.

The defence on the facts was contributory negligence; that had plaintiff exercised ordinary vigilance she would have seen the stones.

His Honour took time to consider the points of law raised.