Rose CJ:

This is an appeal purely on the question of damages.

The appellant no doubt sustained severe injuries, involving a compound fracture of a leg and the fracture of five or six ribs with complications. There was also an injury to the liver; and concussion.

As regards the general damage, while perhaps the sum awarded is on the low side, we consider that in the light of the principles which guide appeal Courts in these matters it cannot be said that the sum is manifestly too low. The award of $10,000 must therefore remain undisturbed.

There arises, however, a matter relating to special damage, which the learned Judge appears to have dealt with under the head of general damages. It relates to a period of twelve months following the accident during which the appellant was unable to engage in any employment.

While it is true, as the learned trial Judge pointed out, that the particular post which the appellant held at the time of the accident was shortly to be abolished and that the appellant had no prospect of continued employment with the particular firm, it seems to us that it is not fair to the appellant to assume that he could not have got some sort of employment during that period.

An estimate should, we think, be made as to the sort of wage that the appellant would be likely to have been able to obtain had he been fit to work during that twelve months' period. Any such sum so awarded properly falls, in our opinion, under the head of special damages.

We consider that for the twelve months in question a reasonable estimate of the appellant's likely earnings would be $2,000, and we therefore award him that amount under the head of special damages in addition to the sums already so awarded by the learned trial Judge.

The appellant will have the costs of this appeal. The $500 which was paid as security for this appeal must be paid out to the appellant.

Appeal allowed.