SUPREME COURT Youth’s Claim For £6000 Fails

Press, Volume CIII, Issue 30555, 25 September 1964, Page 8

SUPREME COURT Youth’s Claim For £6000 Fails

A jury in the Supreme Court yesterday found for the defendants in the case in which a 20-year-old Auckland warehouseman claimed £6OOO from the lessees of the Masonic Hotel.

John Albertson Lagan claimed the damages from Basil Parsons and Eileen Frances Brown, lessees of the hotel, for injury to his right eye, which was struck by the cork from a flagon of beer. The jury answered “No” to the first issue—whether the defendants knew or should have known that the flagon was likely to become dangerous through the ejection of the cork.

Mr Justice Wilson had previously said that, if the answer to the first question was “No,” the jury did not have to consider the other five issues.

After a retirement of four hours 48 minutes the jury returned to ask his Honour whether “likely” meant "occasionally” or "more often than not.” His Honour replied that he could not say it meant exactly either of those meanings. The dictionary stated that likely meant “reasonably to be expected.”

About nine minutes later the jury returned its verdict. Mr J. G. Leggat, for the defendants, asked for judgment with costs.

Mr P. B. Temm, with whom Mr R. L. Maclaren appeared for the plaintiff, asked for leave to apply for an arrest of judgment within 28 days. His Honour entered judgment for the defendants, but reserved leave for the plaintiff to move for an arrest of judgment within 28 days. He awarded the defendants costs.