UNUSUAL CLAIM

Manawatu Herald, Volume L, Issue 3999, 19 September 1929, Page 3

UNUSUAL CLAIM

RESULTING FROM ATTACK BY LUNATIC.

Auckland, -Sept. 17. 'Spurs were used by a lunatic at Paeroa on November 26 last in a savage attack upon an elderly resident named Joseph Brennan, 68 years of age, of Paeroa, a coachman and blacksmith, who made a claim at the Supreme Court this morning for damages. The claim was originally set down at £IOOO general and £6B ‘special damages, but this had been modified before the claim was brought before Sir Alexander Herdman to-day.

Details of the assault were given by plaintiff in the witness box . He said that lie was on his way home shortly after 5 o’clock in the evening. He was walking along a path with blackberries and a drain on one side and a fence on the other. He first saw his assailant, an Austrian labourer, about two chains ahead. The man had just passed him when he turned and struck witness -on the face with a pair of spurs. This was followed by a general attack, in which the spurs were freely used, and plaintiff was knocked down. He was then kicked and battered severely. He cried for help, but it was not, until lie was nearly unconscious that he was rescued. Besides lacerations lie-had foui- broken ribs, and he was -still suffering. Mr. Blomfield appeared for the Public Trustee at Wellington with instructions to have the claim dealt with by the Court in a manner which would leave sufficient money to maintain the assailant in a mental hospital. The Austrian, was a young man physically flit, but the superintendent of the Auckland Mental Hospital had said that there was very little chance of his recovery from his present mental state. The estate was valued at £4BO.

His Honour' gave judgment for £2OO damages, and said that no doubt plaintiff had suffered serious injury at the hands of the lunatic; it appeared doubtful whether a man of his age would ever recover from the effects of such an assault. His Honour also made an order that the residue of the estate (£280) should remain in the hands of the Public Trustee for the maintenance of the Austrian.