APPEAL COURT.

Taranaki Daily News, Volume LII, Issue 149, 20 July 1909, Page 3

APPEAL COURT.

„ . CLAIM AGAINST THE MINISTER OF -' ' • RAILWAY. . .„ m. . , , L By Telegraph.—Press Association. ' ' Wellington, Monday. " "• Appeal Court was occupied to- ' J?/.™*™"!? the case John Douds v. the . Minister of Railways. This was an oripnating summons under the Deelara- . Tory Judgments Act, removed to the • tiourts of Appeal by consent. I Plaintiff is a railway guard who had served 14 years, interrupted by a break from April, 1899, to March, 1901). The - classification list only credits him with lught years' iervice, and he claims to ■ Bount the f ulr period. Mr. Skerrett, K.C., with him Mr. Ostler, appeared for the plaintiff and Professor Salmond for the defendant. Mr. Skerrett contended that the service meant the number of years plaintiff served, added together, whether con^ S* jbmuma or not. He analysed various Acts at length to show that this was the intention of the Legislature. . ' Wellington, Last Night. Argument in the case of Douds v. the Minister of Railways was continued in the Court of Appeal. Mr. Skerrett contended that there was nothing in the - Superannuation Act of 1902 or other . Acts showing that the Legislature did not intend the word "service" to include non-continuous service.

Mr. Ostler cited authorities in support , W Mr. SkerretFs contention. Professor Salmond, for the defendant, admitted that "service" used in MB _ Act prima facie included broken Bervice, but contended that there was sufficient indication of the intention of ' ■ the Legislature in the Act of 1901-2 and " amendments to show that continuous Bervice onlv was to be counted. t Mr. Skerrett replied aad the Court reserved judgment.