A VERDICT REVERSED

Dominion, Volume 13, Issue 144, 13 March 1920, Page 8

A VERDICT REVERSED

... ' By-Telegraph—Press.Association.

Auckland, March 12. Mr. Justice Chapman • gave reserved fuiWroenfc in (he ease Emma Bead ford atrainst A. H. Nathan, as agents fer the New Zealand Shipping Company, claimins ,£2OOO damages, in connection with the death of hor husband, a -waterside worker. The case was heard .on.February 16, when the plaintiff alleged negligence and a breach of. duty oil the part of the defendant, in that the master of the vessel failed to place a light at an ODen hatch, which was not otherwise sufficiently liehtcd. The defence' alleged contributory negligence on the part of deceased in taking a route past an opon hatch when, admittedly, he was under lie comnulsion or instruction to do so. It. -was a]6o contended that no breach of statute had been committed by the defendant.

The iurv found for . plaintiff, and awarded damages, but the Judge held that the findings of the jurjr on the issues placed before it were against the admitted facts of the case, and that neither on the general, ground of negligenco nor 6n the irround of breach of statutory reirulations was the case against the owner of the vessel proved. Ho, therefore. made an order for a nonsuit with costs according to scalo on the amount claimed: witnesses' expenses and disbursements (to be fixed by the Registrar of costs on the highest scale up to and including prenarinsr for trial), and £25m?. costs of trial were also awarded the New Zealand Shipping Company as defendant.