DAMAGES OBTAINED

Evening Post, Volume CXI, Issue 36, 12 February 1931, Page 15

DAMAGES OBTAINED

BOY'S ELECTROCUTION

JUDGMENT. BY CONSENT

Judgment was entered by consent in tho Supreme Court to-day by Mr. Justice Blair in the ease of George Allansoii, railway employee, of Lower Hutt, against the Hutt Valley Electric Power Board. Tho case arose out of an accident on Saturday, 27th September, last year, when Thomas David Allanson, aged 14, son of the plaintiff, was killed through touching a "live" electric wire when crossing White's line, Lower Hutt. The plaintiff claimed £500 damages, alleging that tho accident was due to negligence on .the part of' the defendant board in allowing the wire to be suspended, within roach of passersby. Inter alia, the board pleaded that the boy was a trespasser and hence that no duty of care was owing him. On ,the case being called to-day, Mr. P. J. O'Regan, who appeared for the plaintiff, intimated that a settlement had been arranged, the defendant board having agreed -to pay £155' damages and £21 costs. Councel added that the case was a very distressing one, but his Honour would appreciate the fact that it was difficult for lay people to realise that in a case of the kind damages could not be recovered for grief and suffering, but were limited to an es&nation of the actual pecuniary loss occasioned by tho parents as a result of the death. It might have been also had tho case gone to trial and a verdict secured, that thero would be a legal difficulty'in retaining it, because of the defence raised that the deceased was a trespasser. However, the matter had nowbeen settled, and it was agreed that judgment should be entered by consent.^Counsel suggested in. as much as damages in such a class of case were usually apportioned, that the amount agreed upon should be divided equally between husband and wife. ' Mr. P. B. Cooke, on behalf of the Hutt Valley Electric Power Board; pointed out that the apportionment was usually made by the jury, but the Court had inherent, jurisdiction to-apportion tho damages. His Honour agreed, and judgment was entered by consent and the amount apportioned accordingly. ;