CLAIM AGAINST DAIRY COMPANY

Dominion, Volume 12, Issue 198, 16 May 1919, Page 10

CLAIM AGAINST DAIRY COMPANY

i ■' ;. ~-—, o ;—' ;. BOY SLIPS INTO TBOUGfI OF ■ : " HOT-WATER. i '.- ■ ! By' Telegraph-Special Correspondent.- ■ Palmerstori North, May 15. .:■■ An unusual case was broifght on in the Supreme Court to-day, when Leslie Hector Kendlo sued tho United Cooperative Dairy Co., Ltd., for .C 250 daniugcs for alleged, negligence. Tho plaintiff; who was aged fourteeivdeposed that he was in the habit of taking his grandfather's milk to tho factory at Woodyille. In April, 1918, he took the milk as usual, and afterwards proceeded to get' water out of u trough in order to wash his cans. There was only ono plank across tho trough, on which he tyas standing, and while in.tho act of. dipping for water with a bucket tho board, slipped off the top and let him down into the water, which was -boiling hot. He hud been,in the habit;of getting water in this manner on previous . occasions. The water, was not always us hot as it was that morning. Ho managed to scramble out, but was very badly scalded about the legs. He was still under a doctor, and eince the accident had suffered groat pain. He was claiming cESO ; for doctor's expenses and .£2OO damages. Ho had visited the factory since he was better, and found that the trough had been removed, and that water for washing purposes was now : obtainable .through a tap, thus doing away with the danger of tho trough. ■ No one witnessed the accident, and tho defence was largely a general denial of liability on tho grounds that though tho company was under contract to tako milk when delivered" at the factory, it was entirely optional whether the plaintiff took the hot water or not. If he did tako <it he took it at his own risk ,:andi-virtually r 'by courtesy of tho company:' ■ After an hour's retirement the jury returned with a verdict for tho plaintiff for .£SO special damages, less JG2S already paid, and plus ,£25 general damages;