SUPREME COURT.

Dominion, Volume 6, Issue 1758, 24 May 1913, Page 14

SUPREME COURT.

CASE EE WOHKING EXHIBITS.

Argument was heard in Chambers yesterday, before his Honour 1 the Chief Justice upon a point of law at issue ift the civil action between Leonard llorne, of Blenheim (plaintiff), aud Dalgety and Co., Ltd. (defendants)—a claim for damagos arising, out of an accident which occurred in connection with an oil engine.

Ml'. G, H. Fell appealed for tho plaintiff, and Mr. C. P. Blcerrett, K.C., for the defendants.

The point at issue was a technical one, touching incidentally the obligation of exhibitors of machinery in public places to properly guard off their working exhibits troin tne public. A servant of the. defendant company, Herbert Home (brother of the plaintiff), was in charge of a working oil engine exhibited by the defendants at tho Blenheim Agricultural and Pastoral Association's show in 1911. Home, while attending to the engine, was caught by his coat in the machinery, ar.d plaintiff, who was in the vicinity, went to his assistance, and was also drawn into tho machinery, his left arm being broken. An action for damages was then commenced, on the ground that the engine was not properly fenced off. This allegation was denied by the defendant company, who Taised tho contention that, even assuming the correctness of plaintiff's statement, they were under no duly towards the plaintiff, as he was a stranger to them. After hearing argument, his Honour reserved his decision.