APPLICATION FAILS

Press, Volume XCIX, Issue 29384, 10 December 1960, Page 4

APPLICATION FAILS

Move To Sue Out Of Time

An application to bring, out of time, a claim for damages on the ground of alleged negligence, arising from an accident to an employee of the Ashburton Electric Power and Gas Board in August, 1956. has been dismissed by the Chief Justice (Sir Harold , 1 larro wclough ). i In the application, heard in the Supreme Court on October 20. Mr J. G I-eggat appeared for Morvyn William Field Petrie, an electrical linesman, of Ashburton, the intended plaintiff. Mr R. B Atkinson appeared for the Ashburton Electric Power and Gas Board, the intended defendant.

In his reserved judgment, the Chief Justice said the factor that influenced him most in concluding that, in the case under consideration, it would be unjust to allow the claim to proceed was that the negligent act relied or depended for its satisfactory proof on the reconstruction of the actions and reactions of three men engaged lin removing a power pole. This operation was apparently dangerous, and could well result in injury through some quite excusable and unforseeable happening, such as a man losing his balance, or stumbling or in a number of other ways. “Whether there really was negligence will depend on the most accurate recollection of events which must have happened in an instant, and I cannot think those events can be accurately recalled after such a lapse of time,” said the Chief Justice. "At all events, I am much more persuaded that it would be unjust to allow the action to proceed than I am that justice would be done if I granted the present application,” his Honour said. He granted £lO 10s costs plus disbursements to the Ashburton board.