LAW REPORTS

Dominion, Volume 8, Issue 2323, 3 December 1914, Page 3

LAW REPORTS

SUPREME COURT CLAIM FOR £2000 DAMAGES A PECULIAR VERDICT The Leaning of the case brought by Lucinda Caldivell against tlie Union Steam Ship'. Company, claiming £2000 damages for alleged negligence, arising out of an accidont in which her husband, Thomas .Caldwell, a wharf, labourer, met his death, was concluded before the jury at the Supreme Conrt yesterday, His Honour 'Mr. Justice Edwards presiding. Mr. A. Gray, K.C., with Mr. E. J. Fitzgibbon, appeared for the plaintiff, and Mr. T. M. Wilford, mth Mr. P. Levi, for the company. The _moraine; wae engaged in the hearing of further expert evidence, and in counsel's summing up. Mr. Wilford said that the company had not raised the point of payment of £500 under 'he Workers' Compensation Act. From .the first, they had been willing to pay that amount, which was the maximum sum allowed. He further said that under the Workers' Compeneation Act it was not necessary to prove negligence on the question as to whether, the full amount Should be ' paid. Under the Death by Accident Act, however, neglir gence had to be proved before the Court could award a enm of £500 or upwards. . Mr. Gray's argument was mainly based on the contention that the gear in use was faulty. His Honour, in addressing the jury, advised them to dismiss all thought' of the claim under the AVorkere" Compensation Act, when considering the case. Leave was granted Mr. Levi, in the event of the jury finding for a suni over £500, to apply to have it reduced to that amount; .'.-■. . ' The jury retired at 12.50 p.m., and returned at 8 p.m. with answers to the issues ae under:— , (1) Did the ; company exercise 'due care in permitting tho use of the sliug in questions'—"No." • (2) Could the deceased by the exercise of such care as he ought to have exercised under the circumstances have avoided the injury ho received?—" Yes." (3) What damages (if any) in the plaintilf entitled to recover t— "£64o to the widow, and £60 to the son." ' Hie Honour pointed out that as the jury had found Caldwell did 'not take the precautions he should have taken, the verdict was a verdict for the defendant. ' , : , The foreman said that the view the jury took was that both parties were to blame to a certain extent. Mr. Wilford moved for judgment, and Mr; Gray suggested argument should be taken later. ■ . : Mr. Gray said that deceased oonld not have known that the sling wae defective, and he was entitled to assume that it was not defective_. , . The foreman of, the jury 6aid that the jury had fully. considered the matter. If deceased looked up the hatchway and saw the sling, and then came out,'he did so at his.own risk. If ho did not look out they assumed that he took a risk in coming out. . . ■ His Honour (to Mr. Gray): It is plain enough that j'our only remedy, if. you have any, ie to apply for a new trial. Mr. Gray: 1 ask you to adjourn, consideration of tho matter because we may have to apply under the Workers' Compeneation Act. .."".. His Honour said that he could not give judgment on the action, because an application under the Workers' Compensation Act had to he settled by the <judg»;- : r- - : --■-'■■ •' ■ •••'■•■•'•• ; •..'.■-'.: ''"Mr. , Wilford said'that' he wne quite prepared to offer, on behalf of the convpany. the full amount under the Work-' ors' Compensation Act. Knally the matter was adjourned' until a date, to bo agreed on. ■ ,■:: • A'MAOKI LAND CASE. ' Before. Mr. Justice Edwards, a claim, was heard for an injunction to restrain, the District Land Registrar at Marlborough from bringing 19 acres of land, known as Matapara, No, 51 Dietrict, Queen Charlotte Sound, under the Land Transfer Act. The parties to the action, were Eangi Matangi and others versus Kariri Tahuroa and tho District Land. Registrar of Marlborough. Mr. C. B. Morißon, K.q., with Mr. P. B. Cooke, .apppared'for the plaintiffs, and Mr. G., H. Fell for the defendants, The case was not concluded when the Count rose for the'day. ...