APPEAL SUCCEEDS.

Press, Volume LXIX, Issue 20918, 27 July 1933, Page 4

APPEAL SUCCEEDS.

AWARD IN CIVIL ACTION UPSET. (I'KLSS ASSOCIATION Ttl.EClft.VW.) NELSON. July 26. At. the December session of the Supreme Court, before his Honour Mr Justice Blair, the appeal case, George L. Chittenden v. John R. Hale and Ilazcl Hale, was heard, decision being reserved. The appeal was on law from the Magistrate's decision in a civil action in the lower court. The facts were that on July 17, 1932, Mrs Hale went to visit a friend. Chittenden, who is blind and keeps a dog j to help him to get about, also visited, the house, and chained the dog upon! the verandah with a very short chain Mrs Hale was wearing felt slippers, and as she reached the top of the flight of steps leading to the house the dog suddenly became aware of her approach, sprang towards her, and attempted to bite her, but was unable to do so as the chain was too short. Mrs Hale lost her balance, fell down the steps, and suffered injuries. His Honour, in a written judgment, found that her injuries were not a result of a bite from the dog but were due to her moving back when the dog sprang at her, thus losing her balance on the stairs. The appeal was allowed with costs, but as the case had a certain difficult question of law in it, he would give leave to appeal to the Court of AppeaL