ALLEGED NEGLIGENCE.

Wairarapa Age, Volume XXXII, Issue 9994, 15 March 1910, Page 6

ALLEGED NEGLIGENCE.

INJURIES RECEIVED ON GOLb , LINKS. AN INTERESTING CASE. There was a large crowd of spectators in the ladies' gallery and in the body of the Supreme Court, says the "Evening Host." when the hearing commenced, before His Honor the Chief Justice, of the case of Frank Maxwell Leckie and Irene Myra L'Estelle Leckie v. Ernest Rawson —a claim for £786 19s 9d damages for bodily injury. Plaintiffs in their statement of claim, set forth that on the 9th November last while the plaintiff, Irene Myra L. Leckie, was lawlully walking along a pathway or track upon the Golf Links at Heretaunga, near Wellington, or upon a portion of the links commonly used to approach the golf house, the defendant negligently swung a golf club upon or so adjacent to the pathway that he struck and seriously injured the plaintiff. Plaintiff alleged that defendant was guilty of negligence in swinging his golf club, and that defendant took m precautions to ascertain whether any person was lawfully using the pathway or track; that defendant took no precaution when swinging the club to prevent it striking any person using the pathway, or to ascertain if any person was within striking distanced the club; and the plaintiff had no reason to expect that any perse n would swing a golf club as defendant swung it.

In consequence of being so struck by defendant, «ie plaintiff sustained s vere physical injuries-the bone of her nose being thereby broken, the frontal base of her skull being fractured, and her olfactory nerve bei:ig severed, and she suffered other physical and nervous injuries, and was in consequence obliged to remain for several weeks under medical and surgical treatment, and suffered much pain.

By reason of the premises the plaintiff had lost all sense of small, and her sense of taste was in the main destroyed, and part of her scalp had been rendered insensible, besides which she wa3 partially disfigured in appearance, and had sustained severe nervous shock and permanent physical injuries.

The plaintiff, Frank M. Leckie, had incurred expense for medical, surgical, nursing and other attendance on his wife, and for medicines to the amount of £36 Is 9d.

The plaintiff, F. M. Leckie, therefore claimed: — 11.) Judgment for the sum of £36 19s 9d paid by him for medicines and medical nursing. Plaintiff, Irene Myra L. Leckie, claimed:— (2.1 The sum of £750 as damages, together with"such further or other relief as the court seemed fit. Defendant, in his statement of

defence, said: He admitted that he was on the golf links at Heretaunga on 9th November, 1909, and that whilst on the links he was swinging his golf club in a manner customary amongst players of golf and with a proper regard for the safety of others. He denied that there was any path or right-of-way, or that there was any portion of the golf links commonly used to approach the golf house.

He denied that while plaintiff was, lawfully or otherwise, walking along a pathway, or on s'ch portion of the ground commoni., used to approach the golf house, that he negligently swung a golf club upon or so adjacent to anv uathway that he struck and seriously injured plaintiff.

He admitted that he was swinging his golf club on the links, but denied that he was guilty of any negligent; m carrying out the operations. He denied that there was any pathway, and denied mat he took no precaution to ascertain

whuther any person was approaching. He denied that he touK no precaution in swinging the club.

He denied that in consequence of being struck plaintiff sustained severe physical injuries, loss of sense or smei!, and partial loss of sense of taste.

He stated that any injury plaintiff sustaii cd was caused by an accident, and could not have been avoided by reasonable care on the part of defendant. He declared that plaintiff, without

exercising pr per care, .Mthout giving warning of any kin.' 4 , a.-rl in

breach of the recognised custom, negligently approached and attempted to phss over the green or tee, and accidentally received a blow in the face,

That plantiiff was aloi:e to blame for the injury which <=he sustained, and was guilty of contributory negligence, inasmuch as

(a) In approaching or atlempting to pass the tee lawful occupied bv defendant and his companions, she was negligent, and did not take reasonable care to avoid danger.

(b) She gave no sign of her approach oi of her proximity to the

(c) She should have asked defendant and his companion for permission to cross the green, or she should have waited until defendant and his companions vacated the ereen before attempting to pass behind them. (d) That she had no business to be where she was, but should have avoided the green or tee lawfully occupied by the defendant and his companions by returning to the golf house by a route just as convenient as the route she attempted to take. Mr E. F. Hadfield appearad for the plaintiff, and Mr~A. L. HerHman for the defendant.

After evidence had been taken tha Court adjournen until to-day. The case is being beard before a special jury.