BURNT BY ASHES

New Zealand Times, Volume LIII, Issue 12606, 17 November 1926, Page 9

BURNT BY ASHES

PAINFUL EXPERIENCE OF CHILD HELD TO RE CASE OF NEGLIGENCE. DAMAGES AWARDED PLAINTIFFS A claim for damages for injuries .of a distressing character suffered by * a little child through coming into contact with hot .ashes left in the backyard of a residence at Otaki was recently heard in the Supreme Court, and his Honour Mr' Justice Alpers delivered his reserved decision in the matter yesterday. The parties concerned in the action were William Charles Irwin, father of the child, plaintiff and Thomas Hannah and another defendants. The plaintiff and his family, it appeared, were accustomed to spending the Christmas holidays at Otaki, and on the occasion of their visit to the seaside resort in 1924 the child wandered into the yard surrounding the defendant’s residence, where the party was staying. Both feet of the child were dreadfully burned, but, owing to highly skilful and painstaking surgery, it now has the use of them. The toes had to be removed, but by skin grafting the main .part of each foot has been preserved. Negligence on the part of the defendants was the basis of the action. The defence suggested that the child had no business to be running about the backyard. “Mrs Hannah herself admits that ‘the child would run about the backyard and fall over occasionally’ ; but it is not suggested that she or her husband ever protested to the mother about this. She must have realised that sand and ladders have a great attraction for children,” stated the judgment. “The defendants l plead contributory negligence on the part of the mother, in wliose custody the child was, and says its injuries were solely' due to the negligence of the mother in allowing him to go abroad alone, and not preventing him from getting into danger. “NOT TITTLE OF EVIDENCE” “There is not a tittle of evidence to support this plea; nor is it _easy to see how it could be supported in these circumstances unless it were the duty of a mother when she takes her children to the senside for a holiday to drag them about on a tether rope. I find the defendant, Mrs Hannah, was clearly negligent in leaving hot ashes about the backyard, whether under the ladder or in the open. The question for determination therefore is: Are the defendants liable to the plaintiffs for the consequences of this negligence?” After reviewing other phases of the case, his Honour said that assessment of damages in such an action was peculiarly difficult; adequate compensation was, of course, out of the question, and one could only award a contribution towards it. Judgment was, given for the infant plaintiff, Jack Hector Irwin, for the sum of £SOO, but the claim of the father for special damages amounting to £157 3s 6d was disallowed, this having been in respect of services of his'wife, who was a professional nurse. Actual amounts paid in respect to medical attendances were however, allowed, and aggregated £73 13s 6d. BOROUGH COUNCIL METHODS HANDLING OF CASH JURY’S RIDER RESENTED. Per Press Association. PALMERSTON N., November 16. The jury which tried, the case in the Supreme Court last week, in which Hubert Gurney, a sailor, was charged with the robbery of £220 from the borough offices, and acquitted him, added a rider criticising the method of handling the cash and banking in the borough offices. Strong resentment at the rider was expressed at a meeting of the borough council last evening, when statements were presented by the Deputy-Mayor and the town clerk. The former and other councillors expressed the view that the town clerk’s administration , is faultless. The Deputy-Mayor said that,it was to be regretted that the true facts of the position w.ere not before the jury. ‘ Had they been such a rider would not have been added, and circulated all oyer the Dominion. He stated that since the trial the foreman of the jury had investigated the Office methods, and could suggest -no improvement. In conclusion, the Deputy-Mayor said that he doubted whether any municipality in the Dominion had a better administration than had Palmerston North under its town clerk’s control. A motion th,at the council further investigate the matter was carried..