A Sequel to Brunner Disaster.

Hastings Standard, Issue 380, 23 July 1897, Page 2

A Sequel to Brunner Disaster.

[By Telegraph.] ( Per Press Association.) Wellington, July 22. A special case, having an important bearing on the claims of the sufferers by the Brunner disaster, was argued before the Chief Justice to-day. The point involved is whether or net in an action for damages under Lord Campbell's Act or the local Miners Act where compensation is given in respect of the death of persons any sum of money accruing to that person's relations from outside sources can be taken into account in mitigation of damages. The question arises on account of the participation of plaintiffs in the public fund established for their benefit which is being administered by the Public Trustee, and the decision will affect ail cases brought against the company. For the latter it was contended that every element which effects the pecuniary positioii of a distressed family must be taken into consideration by the jury in assessing damages, and the public fund coming into existence for the benefit of the plaintiff, the jury was entitled to take that into consideration in arriving at a verdict. On behalf of the plaintiff it was argued that the public fund did not confer any benefit upon the plaintiff, charitable or otherwise ; the measure of assessment could not be altered by the subsequent conduct of plaintiff in accepting charity from friends or otherwise, but was a pecuniary loss occasioned by the death of a relative. His Honor reserved judgment. In addition to the case already mentioned the company moved to set aside 18 writs issued during the trial at Hokitika on the ground suggested by Judge Denniston that they did not disclose the capacity of the plaintiffs to sue. The Chief Justice, however, did not take this view, and without calling on counsel dismissed themoiidn with ten guineas costs. The company has still 17 motions of one kind or another to be heard.