WAIUKU.

Pukekohe & Waiuku Times, Volume 5, Issue 144, 11 February 1916, Page 3

WAIUKU.

A FARMER'S INJURIES JUKY AWAKDS £207 DAMAGES Damages amounttng to £207 7s for injuries received through the bursting of a separator were awarded to the phintiff by the jury in the case Charles Avery Ashwin, dairy farmer, of Waiuku, v. J. B. MacEwan and Co., Ltd , which was concluded on Wednesday at the Supreme Court. The plaintiff purchased a "Baltic" fcparator from the defendants, and .shortly after he had taken the machine into us; it burst while in operation, portions oi toe bowl flying out and inflicting

The accident was attributed by ths plaintiff to the iailure of a screwjoint in the bowl, which joint, he contended was too weak for its purpose. The defendants, on tbe other band, declared that plaintiff must have put the bowl together wrongly, causing it to wobble when revolved and eventually to fly out of the machine.

A series of thirteen issues was put to the jury, who found that (a) tbe defendant company g»ve an express warranty that the separator to be supplied to the plaintiff would be reasonably tit tcr the purpose which be required it; (b) the separator was not reasonably fit for the purpose for which lie required it; the causs of the accident; (c) tlrre was no regligence on the part of the plaintiff or tis servant in setting up or working the separator; (d) before the accident the plaintiff could nU reasonably have discovered ary detect in the separator, but the defendants could have- discovered such defect before delivering thej| machine. Ihe damages were assessed at £2OO general and £7 7s special Dr H D Bamford, tor defendant?, intimated that he would [move for a non-suit, and argument on a number of legal points involved will probably be heard to-morrow The cue was heard by Mr Justice Cooper, and Mr H H Ostler appeared for the plaintiff