BREACH OF PROMISE Woman Awarded $540 Damages

Press, Volume CVII, Issue 31448, 15 August 1967, Page 26

BREACH OF PROMISE Woman Awarded $540 Damages

(New Zealand Press Association)

WELLINGTON, August 14.

After a retirement of an hour a Wellington jury tonight awarded a young woman $3OO general damages and $240 special damages in an action for breach of promise.

Cavell Jeanne Turner, aged 20, a children’s wear buyer, sued Brent William Kirkbeck, aged 27, a motor sales representative, for $lO,OOO damages and $779 special damages for alleged breach of promise.

The case, which was heard before Mr Justice Tompkins, started last Thursday, but was adjourned that evening until this morning because of the illness of one of the counsel engaged.

Mr W. V. Gazley appeared for the plaintiff and Mr K. Robinson represented Kirkbeck. Giving evidence this morning, Kirkbeck said that just before last Christmas he had had an argument with the plaintiff regarding a new house. Mother’s Question “Cavell was quite upset and so was I,” witness said. “Mrs Taylor came into the bedroom where we were and said: ’Look, there have been too many arguments, are you getting married or not?”’ Kirkbeck said he told Mrs Taylor (Miss Turner’s mother) that he still wanted to get married and she replied that that was good as she did not want any breach of promise on her hands. Kirkbeck said that on the night of February 25, while seated in his car with Miss Turner in front of Mrs Tay-

lor’s home, there had been a long discussion between them regarding the breaking of the engagement At the end of this Miss Turner had said: “I suppose that’s about it.” In answer to Mr Gazley, Kirkbeck said that in February he was still deeply in love with the girl and wanted to marry her. Mr Gazley: Between February 9 and February 25 did she do anything whatever to alter the affectionate position?—She did not trust me. There had been a discussion over birth control and she said she did not care whether she had children or not as I would make a shocking father. You say the only basis to alter your affection was birth control?—There were other things. Our affections were dying. Mr Robinson called Heinze Ittensome, sales manager of a company in which Kirkbeck had been employed at the time of his engagement.

The witness recalled that in February this year. Miss Turner rang and asked to speak to Kirkbeck. “Kirkbeck asked me to listen in on the extension phone,” he said, "and I heard Miss Turner say to Kirkbeck that they were not suited and that it was best to call off the engagement.” Mr Gazley: Did you record the conversation at the time? —No. You are dependent on your memory of the conversation? —Yes. In his summing up, Mr Justice Tompkins said that breach of promise cases were not frequently before the Court. The juiy had to consider the impairment of the plaintiff’s future prospects of marriage and the injury to her feelings. Injured Feelings It had to be remembered, his Honour said, that the engagement had been broken off just a month before the wedding and some allowance must be made for her injured feelings. “But she is only 20—a pretty and attractive girl. Will she pine away with a broken heart or will she be a bright vivacious giri, wbo will marry in a few years?” said his Honour.

“What is a fair sum for putting her broken heart right? Should it be measured in hundreds of dollars or thousands of dollars?"