SPECTATOR HIT BY BALL

Press, Volume XCVIII, Issue 28921, 15 June 1959, Page 15

SPECTATOR HIT BY BALL

Damages Claim Fails

(New Zealand Press Association) WELLINGTON, June 14.

Judgment in favour of the Wellington City Council in a claim by a spectator at a cricket match at Kelburn Park last year, who was struck in the chest by a cricket ball, was given by Mr Justice McGregor in a reserved decision.

In February last year, a jurv awarded William Spittai, of Wellington, £423 16s 8d damages against the council. The council subsequently moved for a nonsuit or, alternatively, for judgment for the council upon the grounds there was insufficient evidence of a breach of duty owed by the defendant to the plaintiff. The plaintiff had visited the park to watch’a match. He went to the tea shop adjacent to the western path of the park, and he was standing in front of ths shop when the ball struck the asphalt path, bounced and struck him on the chest The jury added a rider to' its verdict to the effect that it sidered the plaintiff, at the tim% of the accident, was not a spectator at the cricket, but was engaged in doing business at a public shop adjacent to a publio path. His Honour held that a breach of the “general, duty of care” had not been established.