CLAIM FOR DAMAGES

Dominion, Volume 20, Issue 45, 17 November 1926, Page 10

CLAIM FOR DAMAGES

—— ■— 1 ■■■ ♦ INFANT AWARDED £5OO “This is a claim for damages for injuries of a very distressing character suffered by a little child, it is said, through the negligence of the defendants,” stated Mr. Justice Alpers in a reserved judgment delivered yesterday. Plaintiffs were William Charles Irwin and his infant son. Jack Hector, and defendants were Thomas Hannah and Ada Hannah, his wife.

Plaintiffs' statement was that on January 4, 1924, Mrs. Irwin and her infant soti, who is now aged four vears, were lodging with defendants at Otaki. Jack Irwin, it was stated, was allowed by defendants to have access to a yard, in which defendants had, it was alleged, permitted hot ashes and cinders to be deposited and remain uncovered. While walking about the yard Jack Irwin was severely burned by the ashes, and in consequence had lost all the toes of both feet, and to that extent had been permanently incapacitated. Plaintiff bad incurred medical expenses, and had been put to other expense. He claimed £157 special damages, end the infant' claimed £750 general damages. The defence denied negligence, and stated that at the time of the accident the infant was only .seventeen months old, and was in the custody and under the control of his mother, and the injury (if any) was due to the negligence or want of care on the part of his mother in allowing him to go abroad alone, and in not preventing him from getting into danger. “If it were necessary to come to a decision upon this conflict of evidence, I should accept that of plaintiff in preference to that of defendant, Mrs. Hannah,” said His Honour. “But on the view I take of the matter it is immaterial whether the ashes were lying about in the open yard or were heaped under the ladder. The child had the right to be in the yard; he used also apparently to visit the girls in the tent, with whom he was a favourite. A ladder would be an allurement rather than a deterrent to a child of that age, and nothing was more natural than that he’ should play about under it. . • Assessment of damages in such a case is peculiarly difficult; adequate compensation is, of course, put of the question; one can only award a contribution towards it. I give judgment in favour of the infant plaintiff, Jack Hector Irwin, for £500." Judgment was given in favour of W C. Irwin for £73.

At the hearing Mr. A. W. Blair appeared for plaintiff, and Mr. W. E. Leicester for defendant.