JURY'S FINDING.

Auckland Star, Volume LXX, Issue 197, 22 August 1939, Page 11

JURY'S FINDING.

CHALLENGED BT DEFENDANT.

Legal argument was heard by Mr. Justice Fair in the Supreme Court yesterday following the finding of the jury in the recently-heard claim by Jack Rennie (Mr. Henry) against the Amalgamated Brick and Tile Company (Mr. Richmond) for £1890 damages, con«C: quent 011 injuries sustained by plaintiff in a fall of earth in one of the defendant company's clay pits at Glen Eden in which plaintiff was employed. The jury found that the negligence of the defendant company's servants, other than the plaintiff, had contributed to the accident, and that the accident had not been contributed to by plaintiff's negligenc*. They assessed damages at £827.

On a motion for judgment for defendant, and the right to move for a new trial, Mr. Richmond submitted that there was no evidence of negligence on the part of the defendant company, and that if there was evidence of any such negligence there vu, with it, clear evidence of the contributory negligence of the plaintiff. Wrapped up in this submission was the doctrine that if the plaintiff was inexperienced in the work, as he alleged, it was negligence on liis part to have undertaken the work without having informed }iis employers of this inexperience. Counsel elaborated his argument on these submissions with reference to the evidence and cited authorities.

Mr. Henry submitted that the jury's finding was consonant with the weight of evidence, indicating that in the working of the clay pits there was no method of instruction or of working to safeguard the men working in the pits. His Honor reserved judgment.