COURT OF APPEAL

Dominion, Volume 11, Issue 114, 31 January 1918, Page 9

COURT OF APPEAL

RESERVED JUDGMENT CLAIM FOR COMPENSATION ' A short sitting of tho Court of Ai>peal was held yosterday morning. Jir. Justice Deuuiston, Mr. Justice Chapman, and Mr. Justice Hosking were, on tho bench. . Eeserved judgment was given in respect to a claim for compensation lor tho death of a. foster parent through injuries received. The appellants were the-. Union- Sleam- Ship Company, for whom Sir John; Findlay, K. 0., with him Mr. P. Levi, appeared, and the respondent was Catherine Robin, spinster, of Auckland) represented by Mr. P. O'Ecgan'. ' . At the original hearing evidence was given to the effect that respondent's foster father, John Robin, died in the Auckland Hospital on April 18, 1917, from injuries received' while engaged in.discharging coal :from the appellant oempany's s.s. Wanaka at Auckland. Respondent was the stdopted daughter of-John Robin, who, at the time of his death, was a widower. She sued for damages, claiming £1000, stating that the accident was duo to the negligence of a fellow sen ant,.and it.was contended -that damages were not recoverable for injuries or doath duo to tho negligence of a fellow servant! After the writ had been issued the defendant company applied to havo tha statement, of claim amended by reducing the amount claimed- to £500. Mr. Justice Hosking heard argument.on this point, and in his judgment held that though deceased himself, had he survived' his' injuries, could' not have claimed more than ; £500,-yet;his. daughter, never having | been'a servant-'of the defendant com- | pany, was not so limited. The summons was-dismissed with costs.' From I this decision' the company appealed. ■ j.. Mr.. Justice, Denniston-, after reading (the decision of the Court, said; that j the judgment.must, stand .as..Mr. Jus- ! tico Chapman .and himself considered | the claim was not limited, and,, on tho other hand; the Chief Justice and Mr. Justice- Cooper- supported 'a. reduction. Sir John Findlay;■ was granted leave to appeal.' ' | ' ; 'SUPREME .COURT ':.' •DAMAGES AGAINST REFRIGERATING COMPANY. His' Honour Mr. Justice Chapman presided in the Supreme Court yesterday ' and delivered his reserved judgment in the caso of Thomas Peters Murray, of Gqnyille, Wauganui, engineer, against tho New Zealand Rei frigerating Company, Ltd. 'The claim |was for £200 damages and an injuuej tion in relation to alleged nuisances 1 caused by the defendant - company's j slaughtering, meat freezing, and wool I scouring works on tho Wanganui River, contiguous'to the land owned. by tho I plaintiff.. ■ ■ | It was contended for- the plaintiff j that'.since November, 1916, the defe'n- | dant company had allowed impure drainage to flow on to the river flats and the land adjacent to that of the plaintiff. - Obnoxious vapours had arisen, there were swarms of flies, and various disturbing noises.'-through the deliveries of cattle.-

■ The defence was a denial of these • allegations.' . His Honour reviewed the evidence at ( length,- mow especially that called with ( respect to the disagreeable conditions , complained of. Tho evidence, ho said, ( emphasised-the necessity for improving - the existing state of affairs'in some directions. The allegations as' to impure drainage had been proved. As to the-disagreeable smell-it was plain that if the works were properly run there . should be.no trouble in that-respect. His Honour said ho was satisfied that the smells complained of interfered with the comfort of plaintiff's household and might possibly injure health. The allegation as to the flies had, in His. Honour's opinion, also- been proved. As .to the complaint about noise, His Honour said he would leave that in abeyanecvin the meantime.. His Honour found thar, plaintiff was entitled to £-200 darnafjes, and an injunction was also mado acatnst tho 'defendant eomnanv, who' were/ ordered to remedy or mitigate the nuisances proved to exist. ,U tho -hrwirrnfr Mr. O. ?..-&korrett. . Kf) with hi™ Mr A. X T,nl?e. annoar<vl for plnint-iff: and■ Pir Job" Findlay. K.C.. with -birr: Afr.. O. P. Brown, representor! 'tVo rl.-rnnrlflivt.