DEATH CAUSED BY KICK.

Auckland Star, Volume LXI, Issue 201, 26 August 1930, Page 15

DEATH CAUSED BY KICK.

FOSTER SON CLAIMS £1000.

SUIT FILED AT WANGANUI.

UNUSUAL CIRCUMSTANCES,

(By Telegraph.—Press Association.)

WANGANUI, Monday.

. "The circumstances relating to this case are of an unusual and extraordinary nature," said Mr. W. J. Treadwell, in opening a case in the Arbitration Court this afternoon, in which £1000 was claimed from the Young Men's Christian Association by Donald Dunn Milligan as the result of the death of his foster father in 1929.

Counsel said the deceased had been secretary of the association at Wanganui. He had had a free hand as to what games should be played at the institution. The boys had an arrangement by which the winner of the pingpong was to kick the loser, one kick for each losing point.

The deceased, Milligan, in September, 1929, played a game with one boy, and said prior to the contest that the winner ■would be entitled to exact the usual penalty. Milligan lost by 13 points to 10. He told the boy to kick him three times. The boy at first demurred, but finally kicked Milligan, who unfortunately received injuries which resulted in his death.

Milligan was insured with the New Zealand Insurance Company by the association against accident. Argument proceeded as to whether the case was allowable, as the stipulated six months had expired before action was taken.

The case was not taken any further for the present, Mr. Justice Frazer reserving his decision on the point.