LAW STUDENTS

Dominion, Volume 32, Issue 156, 28 March 1939, Page 10

LAW STUDENTS

Wellington Society

FIRST MOOT OF SEASON

The first moot of the Wellington Law Students’ Society’s! season was held in the Supreme Court recently. There was a large attendance of members. The Hon. Mr. Justice Smith was judge, and Mr. D. S. Dean acted as chairman and registrar.

The facts of the case were as follows : The Tinibuctoo City Council installed in Air. Robinson’s residence an electric water-heater. After certain repairs had been effected to it by one of the council’s employees it exploded and injured Airs. Robinson, who brought an action against the council. The chief question argued was whether Airs. Robinson, who was no party to the contract with the council, Lad any cause of action. Counsel for the plaintiff relied upon recent cases in the House of Lords and Privy Council, and counsel for tlie defendant argued that earlier authorities iu their favour had not been overruled.

In giving judgment for the plaintiff Mr. .lustice Smith mentioned that the case was a difficult one to decide, but pointed out that, iu view of the fact that householders are forbidden by law to meddle with electrical appliances, the water-beater in this case might reasonably be regarded as a "dangerous chattel’’: accordingly a comparatively high degree of liability would attach to the council. He considered that tlie earlier authorities could be distinguished. His Honour complimented counsel on the presentation of their arguments and offered some valuable criticism aud advice. Messrs. S. J. Shayle-George and F. C. Christensen appeared for the plaintiff, and Messrs. T. Birks and .1. AV. P. AVatts for defendant. Other speakers included Messrs. P. P. AlcGaviu and C. C. Aikuian.