SLANDER CLAIM

Hokitika Guardian, 14 August 1930, Page 3

SLANDER CLAIM

BY A DOCTOR, (By Telegraph—Per Press Association.* WELLINGTON, Aug. 13. Remarks alleged to have been nuidi to one.of lvis patients bv a nurse employed by,the /Australian Temperance and General Mutual Life Assurance Society, Ltd., were irelied upon by l|i Richard)' Walter Richards, of Welliiig ton, in the slander’Action brought 1A him against the Society in the Si. preme Court ' To-day, 'before Mr Jus tice Ostler and a jury. Mr. A. Gray, K. 0., with him Mr J. S. Hanna, appeared for the plaintiff,' and Mr E. i • Bunny, .with him:.: Mr H. F. O’Leary for the Society. The plaintiff claimed £IOOO damages, alleging that tin nurse- had spoken falsely and maliciously about him in regard to his treatment of th© patient, Airs Dorothy Clara Bell, of Brooklyn. The defence adm.'Ded that the .nurse bad called on the patient in the course of her employment, but. it was'denied that she had made the al leged remarks, or used any words capable of bearing the same meaniitg, alho that : even if-the words- had been used', they ; weiYy i'neapabld/ of bearing th© alleged; siatidteroiis meaning and also that they were not made by the Nurse in i the of her employ-.' ment. ' . m- ■ t \ r ,‘T'; ;' ;•

As further defence, 1 it was urged that any remarks concerning the Doctor were made honestly, and without malice, and on a privileged occasion. The plaintiff gave evidence of attending Mrs Bell, and taking swab, to test for diphtheria, when a negative result was obtained. Before this lie had prescribed for tonsilitis and tlie treatment was successful. When lie heard of the visit of the Nurse, lie ook the swab, afterwards writing the Insurance Society for the name of a Nurse. She called, but he did not wish to discuss the-matter with her. Mrs Bell, who had a child insured with the company said that an Agent and tlie new Superintendent called at a time when she was suffering from a sore throat and eruptions. After a dificussion regarding her husbands insurance, witness bad mentioned that she ivas 'not"feeling well, and it was suggested that the Society’s Uurse -Id be sent up. Witness said that she was already receiving medical attention. A Nurse called the next clay, and she said 1 that she was from the Society: She told witness that she looked ill, and then asked f°i’ 11 spoon. She did not use it, however, to examine witness’s throat, but sat down and ha id: "I don’t want to frighten you,' but" you have got diphtheria.” w itness was advised by the Nurse to go to ' th© - hospital for isolation, but she refused to go. The Nurse asked when the Doctor was coming again, and on being told that he was expected in the evening, she said: "You. will lie dead and cold 'by then.” When she Was informed who the Doctor was, the Nurse said; "Oh him] like a few more of his' cases! I have never had the pleasure of meeting Dr' Richards,' but when I see him, I will toll him what i think of him,’ •After the 'Nurse, had left, w itness got Mrs, Little wlio Was also living in the room to ring up the Doctor. He came up and reassured her about her throat. Witness and Airs Little told him what the Nurse had said. The next day lie called again, and lie took a svvab of her throat. Violent Gwendoline Little gave corroborative evidence. Sbo said • she considered that the Nurses’s remark regarding sending Airs Bell to th© hospital was not a suggestion, but an order.

Mr Runny moved for a non-suit on the grounds that the words were r.ot defamatory ; that the occasion nas privileged; that'there wap no evidence of. malice; that the expression of her opinion was not in the scope oi her employment; and that she was net acting under the authority of the defendant Society. The question of a non-suit was reserved .

THE NURSES’S EVIDENCE. Nurse Alabee Blathwayt, employed by the Society as Visiting Nurse, said she had never known Dr Richards. When she saw Airs Bell she looked vei’y ill. Witness advised her to go to bed and get a Doctor. She said she had had a Doctor, and paid his medicine had done her no good, and that her husband had gone to go;, something from a chemist. She.(the Nurse) realised that the woman had no confidence in the Doctor. She advised her to go to the hospital. Witness denied emphatically making the alleged statements. The case was adjourned till to-mor-row morning.