LUNACY CASE.

Press, Volume LXII, Issue 18678, 29 April 1926, Page 9

LUNACY CASE.

PLAINTIFF DEPRIVED OF LEGAL REDRESS. (BT CABLE —PUSS • SBOCIATIO*—COPTBIOHT.) Orbutbr s reuwßAtts.) LONDON, April 27. Although detained for nine years as a* lunatic, and now declared sane, William Harnett, a well-to-do farmer, is deprived of legal redress because of the Statute of Limitations. This is the judgment given by Mr Justice Horridge, of the King's Bench Division, in Harnett's action against the doctor who wrongfully declared him insane. Judgment awarding Harnett damages against others- concerned in his detention was quashed by tho House of Lords.

Mr Justice Horridge, in the case of William Harnett, after hearing legal argument, entered judgment with costs in favour of the defendant, whose counsel pleaded the Statute of Limitations. His Lordship said that the defendant Was liable for tho consequences of his negligence, even though the actual order for detention had been made by Justices. ... , His Lordship disagreed with the contention that, though the jury considered Harnett sane, lie should be viewed as a lunatic for the purpose of construing the Statute of Limitations. His Lordship's duty was to construe the Statute, however regrettable the result. [ln 1924 Harnett was awarded £25,000 damages against Dr. C. H. Bond, Lunacy Commissioner, and Dr. G. H, Adams, of West Mailing, keeper of an asylum, for wrongful detention. As Dr. Bond was a publir servant, and was sued for action taken in the performance of his public duty, the State assumed responsibility for his share of the judgment. The Court of Appeal sustained the appeal agninst the judgment. The litigation it this stage had already cost £50,000 Harnett then appealed to the House of Lords, but the appeal was dismissed.]