AN APPEAL

Hokitika Guardian, 16 October 1930, Page 5

AN APPEAL

ACCIDENT INSURANCE CLAIM

By Telegraph—Per Press Association.) WELLINGTON, October 16. The Court of Appeal to-dav is engaged in hearing the appeal of the Colonial Mutual Life Assurance Society Ltd., from a judgment delivered by Judge Llair on 13th September last in a case brought against it by Leslie Henry Long, a Wellington shipping clerk. The facts are that on 28th October last year when Long was insured with the company under an accident policy, passing Clyde Quay school grounds where children were playing, a tennis ball was driven out of the courts. '’ Long went to retrieve it and threw it back into the courts. It was a fairly long throw and he felt something “go” in his shoulder. Jt was an hour or so later, before he realised anything serious had happened, but later in the day, the pain drove him to the hospital, where the trouble was diagnosed as a severe sprain of the shoulder. Respondent required treatment till the following March, before the trouble was finally cured. The Assurance Coy., denying Long’s injury was covered by the risks insured against by the' policy, refused to pay Long the expenses incurred by him. The latter accordingly issued a writ claiming £9O os and costs, and obtained judgment against the Appellent Coy. Judge Blair holding the injury was covered by the risks included ill the pol.

An .appeal is now brought from that decision.

The argument is proceeding. Oil the Bench are the Chief Justice, Sir Michael Alyers, Judges Herdnian, Smith, and Kennedy.

For appellant Mr Boggard, for the respondent Mr Scott/WELLINGTON, Oct. IC.

Mr Hoggard for appellant said the respondent’s movements in causing the injury, were violent and visible, but neither accidental or external. Mr Scott for the respondent contended that the cause of injury was accidental within the meaning of the policy.

The Court reserved its decision