JUDGE v. JURY.

Taranaki Daily News, 15 March 1920, Page 5

JUDGE v. JURY.

1 ' " I A VERDICT REVERSED Auckland, Maroh 12. . r - Justice Chapman gave reserved judgment in the case Emma Readford against A. 11. Nathan, as agents for the jVew Zealand .Shipping Company,, claiming £2OOO damages, in connection with the death of her husband, a watenide worker . The case was heard on February l(ith, when plaintiff alleged neglico aml a breach, of duty on p&rt of the defendant, in that the maatef of the vessel failed to place a light at an open hatch, which was not citheMrlip sufficiently lighted. -The defence alleged contributory -negligence on the part ot deceased in taking a mute past; an open hatch, when, admittedly he was under no compulsion or instruction to do so. It was also contended that no statutory breach had been committed bv the defendant. 1

Tim jury found for plaintiff, and awarded ] BOO damages, The judge now hold that the findings of the jury on thn issues placed before it were ftgainst the admitted facts of the case; that neither ou the general ground of negligence nor on Hie ground of breach of statutory regulations was the easp against the owner of the vessel proved. He, therefore, made an order for n non-suit, with costs according to scale on the amount claimed; witnesses' expenses and disbursements t<. be fixed br the Registrar of costs on the hijrhest scale up to and including preparing for trial, and £2(l ltVr e.,>ts of t.r'al were also awarded'the New Zealand Shipping Company as defendant. a