AN UNUSUAL CASE

Taranaki Daily News, Volume LIII, Issue 287, 27 April 1911, Page 5

AN UNUSUAL CASE

ALLEGED NEGLIGENCE OF PUBLIC TRUSTEE. By Telegraph.—Presa Association. Wellington, Wednesday. An unusual case was before Mr. Jus tice Cooper to-day, an original action brought by Mabel Carrington Hutchison, one of the daughters of the late William Booth, of Carterton, against the Public Trustee, executor, to have the accounts taken on basis of allegations of negligence against the Public Trustee, particularly in a sawmilling business. The Judge held that the losses were mainly through circumstances over which the defendant had no control, and that the plaintiff failed to establish any breach by the defendant. To-day defendant moved,for judgment with costs, as between solicitor and client. Mr. Pethcrick, who received judgment for the plaintiff, though Mr. Geo. Hutchison was the solicitor at the hearing, consented to the action being dismissed, but resisted an application regarding costs. The action was dismissed with costs as between party and party. The Judge said plaintiff had brought an action upon her solicitor's advice, which he did not doubt was honestly given, although in his view it was erroneous.