WIDOW WINS CLAIM FOR DAMAGES

Press, Volume LXXVIII, Issue 23747, 19 September 1942, Page 7

WIDOW WINS CLAIM FOR DAMAGES

HUSBAND’S SUICIDE AFTER ACCIDENT

(P.A.) WELLINGTON, September 18. The Court of Appeal to-day delivered judgment in the case of Elizabeth Murdoch, widow, of Wellington, against the British Israel World Federation, New Zealand, and Edward Elias Barrows, its secretary. The claim was by the widow for damages in respect of the death of William Murdoch, tramway conductor, of Wellington, who committed suicide following an accident in which he was severely injured and in which a motor-car driven byBarrows was involved. In a majority verdict the Court gave judgment for plaintiff in the sum of £2709 plus costs. Mr Justice Smith and M: Justice - Johnston presented dissenting judgments. Mr Justice Smith held that the Court of Appeal should not be asked to determine a question of fact that properly should have been left to a jury and Mr Justice Johnston held that plaintiff did not establish that at the time of his suicide deceased did not know that his act was wrong and accordingly defendant’s motion must succeed. The majority of the Court held that at the time of the suicide Murdoch was so mentally deranged as to be incapable of understanding the nature and quality of his act and that death by suicide was a result of the accident.