MIDWIFERY CASE

Hokitika Guardian, 20 November 1928, Page 6

MIDWIFERY CASE

NURSE’S CLAIM KAILS

| By Telegraph, Per Press Association

NELSON, November 19

A case of considerable importance :o maternity nurses throughout Now Zealand-was heard at the Magistrate’s Court before Mr T. E. Maunsell, S.M.. A maternity nurse sought to recover fi*i>m a married woman the sum ol Cb <s by way of damages for the engagement of her services, which was nor •aimied out. In the course of his reserved judgment, the magistrate stated as follows “ The plaintiff claims damages from dciemlant. alleging she was Engaged by defendant to nurse defendant daring her fominemont. I hat confinement did not eventuate, and as a result the plaintiff lost the opportunity of obtaining other nursing, which she would otherwise have obtained. The defendant, therefore, entered into a contract upon a mistake of fact, which goes to the very root of the contract, and the contract could not possibly ho performed. 'lhe subject matter Of the mulrn'T never existed. Plaintiff's real grievance is the 4 she was induced in enter into an engagement upon a misrepresentation. Nothing short of fraudulent misrepresentation. not even negligent misrepresentation, can found an action for damages. Judgment was given for delendrnt.