Appeal Brought By/ Concrete Firm

Press, Volume CVIII, Issue 31836, 14 November 1968, Page 14

Appeal Brought By/ Concrete Firm

(New Zealand Press Association) WELLINGTON, November 13. The Court of Appeal began the hearing today of an appeal brought by Christchurch Ready-Mix Concrete, Ltd, against a decision of Mr Justice Wilson in the Supreme Court at Christchurch on April 22, when he awarded $3OOO general and $l3OO special damages to George Beal, a Belfast farmer.

The decision was made on the ground that the appellant was in breach of the condition of merchanable quality as provided in the Sale of Goods Act. The appellant appeals on the ground that the judgment is erroneous in fact and in law. The facts, as appearing from the judgment, were that the respondent, Mr Beal, ordered 3jyd of ready-mix concrete to lay a path and the floor of a carport. In order to smooth the wet concrete, he had to kneel on it for 10 to 15 minutes.

On getting off his knees, he felt uncomfortable and on removing his overalls discovered his knees and the greater part of the front of his legs to be an unusual white colour, and stinging painfully. Medical examination later showed that Mr Beal had suffered a third-degree chemical burn which left him with a permanent, partial incapacity. Mr C. B. Atkinson, who appears for the appellant, dealt with the facts, and outlined

the process of manufacture of the cement used in the concrete. He refered to the scientific evidence as to the causticity and alkalinity of the concrete. Summarising the facts, he submitted that Mr Beal had been exposed to the concrete in an entirely different way from others, and that the skin on his knees was under pressure against the concrete. The court comprises Sir Alfred North, Sir Alexander Turner, and Mr Justice Hardie-Boys.