Decision reserved on farmhand’s appeal

Press, Volume CXIV, Issue 33693, 16 November 1974, Page 13

Decision reserved on farmhand’s appeal

(New Zealand Press Association! W WELLINGTON, November 13. The Court of Appeal has reserved decision in the appeal of a farm former, Murray Edwin Pelvin, now unemployed, of Timaru, against the decision of Mr Justice White in the Timaru Supreme Court of April 30.

The case concerned a farm i accident in which Mr Pelvin i was injured while employed by Alister Timothy Murray, i of Maryburn Station, Lake Mr Pelvin tried to move a < sheep dip, and injured his ■ back. He has since spent i periods in hospital. i He claimed that he had been critically ill, and suffered frequent pain. i A jury awarded him : $40,000 general damages and i $6,827 special damages. 1 Mr Murray applied to the Supreme Court for a new trial or non-»suit, on the basis that there should have been no finding of liability 1 against him, or that if there was a finding of liability ] there was contributory negligence on Mr Pelvin’s part. [ He also said that the (Jam-

ages awarded were ex-, cessive. In his decision in April on these points, Mr Justice White ruled that there should be a new trial on the question of contributory negligence by Mr Pelvin, and on the amount of damages awarded His Honour added that in his opinion Mr Murray was clearly liable for Mr Pelvin’s injuries. It was from this decision that an appeal was lodged. The Court of Appeal comprises Mr Justice McCarthy (president), Mr Justice Richmond, and Mr Justice Mahon. Mr B. McClelland, with him Mr T. M. Gresson. appears for Mr Pelvin, and Mr I. D. J. Hall appears for iMr Murray.