LAW REPORTS

Dominion, Volume 9, Issue 2774, 18 May 1916, Page 9

LAW REPORTS

SUPREME COURT CLAIM AGAINST THE CITY CORPORATION 3iis Honour Mr. Justice Hosking was on the Bench whan the civil sessions of the Supromo Court wero continued yesterday.. A jury of twelve had to decide, the issues ot fact involved iu the case in which George Frederick ltoy Houldsworth (through his father- I'rederick Houldsworth) proceeded against the Wellington City Corporation to recover the sum of J!7ao damages alleged to be due for injuries received iu an accident on the reclamation works at the Kilbirnie lieserve. Mr. M. Myers appeared for the plaintiff, while the City Solicitor (Mr. Jl O'Sbea) appeared for the Corporation. 11l the statement of claim it was set out that on January 28 last .the plaintiff (a boy of five anil'a half years of age) was knocked down by some trucks being used by tho Corporation employees on the reserve in question, and sustained serious and permanent injury to his left'leg and foot. Negligence on tho part of the Corporation was alleged in that the trucks containing the spoil for the reclamation wero allowed to run Tiy virtue of their own weight and momentum, without being attended. It was also claimed that no warning of the movement, of tho trucks was given, nor was there any pre-, caution taken to avoid accident. For t]w defence it was claimed that there was no negligence on tho part of tho Corporation or its servants, and. that the Teat cause of the accident was the negligence of the little boy's parents. In the afternoon, tho, jury visited Kilbirnie to view the scene of the accident. Hearing of evidence was not concluded until 5 p.m., and addresses to -tho jury occupied another hour. . After a retirement of three hours, tho jury returned with> a verdict for the plaintiff for ,£65, plus all expenses incurred in connection with the case. In answer to His- Honour, the foreman of tho jury stated that the jury desired that tho child should receive the sum of •C 65 ovor and above all costs of Court, medical expenses, and costs as between solicitor aad client, the sum of M 5 to bo paid to' the. Public Trustee until the child should attain the ago of 16 years. Tho City Solicitor agreed to accept the verdict in this form,' and judgment for tho. plaintiff was entered accordingly. ~ SETTLEMENT ARRIVED AT. In the case of Pictures, Ltd. (Mr. T. Young) v. Marshall John Donnelly (Mr. J. J. M'Grath), a claim for <£'725, due on calls, with a counter-claim for ,£775 damages, it was announced that a settlement had been arrived at.. It was agreed'that judgment be entered as follows:— Judgment on claim for plaintiff for .£725, with interest from due date, of calls to date of judgment on .£475. Judgment for defendant on the counterclaim for' i£'2so. CASE ON APPEAL. His Honour Mr. Justice Chapman sat in Banco to hear the appeal of the defendants in the case of Hannah ifinahan v. tlife New Zealand Express Co., Ltd. Sir John Pindlay, K.C., with him Mr. D. E. Hoggard, appeared for the New Zealand Express Co., while-Mr. A. H. Hindnmrsh appeared for the respondent. Tho appeal was from the decision of r - W. G. Kiddell, S.M., who in March last gave judgment for the plaintiff (Hannah Minahan) for the, sum of ,£27 10s. for damage dono to the plaintiff's goods while in transit from Auckland to Wellington, where they were to be delivered to tho plaintiff. After hearing argument; His Honour reserved his decision.