LAW REPORTS.

Dominion, Volume 3, Issue 910, 1 September 1910, Page 3

LAW REPORTS.

SUPREME COURT. THE DUCHESS-COBAR COLLISION. PASSENGER AWARDED £20. The-collision* between the ferry steamers Duchess and Cdbar in Wellington Harbour, on, the evening of March 30 last, was 'responsible for an , action heard ■boford Mr. Julttico Chnpman yesterday., in -which an elderly married 'woman named, Elizabeth Anne. Roso Carte, ; residing at iluritai, .sued the Wellington Ferries, . Ltd., to. recover ,£250 damages for injuries received, it was claimed, , through. the negligence of i the defendants;* Plaintiff's case' alleged .that she. had been violently struck,: and injured, was , suffering from - severe * shock: and-- neurasthenia, and had incurred liability for medical attendance;-. The' defendants had admitted th'o finding of the Nautical Court, and the.fact,that, the plaintiff was thrown down; but •denied other allegations .'in the 'statement -of claim. The sum of* £10 had - been paid into court in satisfaction of any damago she - had sustained. .-. ■■ ■■*■ . Mr. T. M. Wilford, M.P., appeared for plaintiff, and Mr. F. G. Dalziellfor, the, defendant, company. i / .■..'-.;■ .j-.'.- ■.-:■' '*." . When They Bumped. Mr. Wilford, in opening, said punitive ; damages were .not, asked for, but there must be some distingtiisliinent between ordinary nominal damages, and damages which : ; might be the result of negligence on the part of the defendants, and he submitted that the ■ compensation oifered was nothing short of an insult 'under the "circumstances. ' Plaintiff, 'although :sixty -years of age,,.-had- , been an aosolutelj; strong woman, ■ and .up to the ■ time , - of this/ accident hud never, .suffered. *a. day's illness. -. Mrs.. Carte■ was , a .passenger .by the Duchess , .on the , date-in question, and happened tobb sitting'just.;at the place of-impact when the- collision occurred. She had been-thrown 'down,- and 'sustained injury -to-her;..left arm'; which still troubled her;. in••• addition to suffering', shock to the nervous '.system, which niadol-her fearful,of travelling by water ever since.. So* much.so : was this the ease,. that when tho same steamors again brushed' while plaintiff-was travelling across, she was in terror of her life.:.-.' ': •-.'■■ ■.' \ ■. '•" ; ' • Plaintiff gave * evidence' in.*■: support of counsel's' statement. ' :'■ ■- ■ ..■'' ":' ".: In: crdss-bxamination by Mr! Dalzioll, -injured., the same arm out.of'a train some fifteen.monthsv.ago, but,, stated that, sho had quite, ■ the. effects .of that injury, when the second accident occurred. , Dr.'. Donald: .Johnson: M'Gavin deposed to having.examined plaintiff, oir the day before, Ywheri he .'found the remains --of a,, bruise, just., above, the left .elbow, and a tenderness. near the junction■ .with ; the, shoulder..... It * might ,be several weeks yet ! , before she' ivuuld .be. free from ,*. : this, result:, v>f; the. hcci- : dent, and ■■* the, effect* oh*-',her. nervousvsys:tern'- might-'last. for ; several years. ■: '■■■.'.'* . Thrown and..Stunned.' '■"■ ■.■.-. -. -May .Thtimasiiie Carte,' daughter, of the plaintiff, testified,to the '■' circumstances ■of.', the-' accident; , -at -which •, time she wus seated close -by -:her : motli€r.v ; The latter, was thrown against witness.and stunned, and- complained; afterwards : of : her; side and .arm. Witness generally corroborated, her mother's .version. ', ■ .; : -.'■.- ■■,:

• G.-1 ,, .. Zohrab,: !managing directdi of the 'defendant'company, "called: by/Mr. Wilford, admitted .having- seen. ; Mrs. Carte a few days after,''tlie .accident '(after! sho \liad. been . visited';.by:Dr. Ciibbes),, wbeu hb. offei-e'd to reimbursis. her. for any oul,- . of-pocket expenses' * she jh ad '".incurred, by. "reason "of h'er dmightor. having had "to bo iabseiit-froiii-'her..'office.'during-, two days,: , aiid the :loss''of- in her household.

■'. Mr.! Dalzieil, (ipr .the. defen'cej contende'ei' .that .plaintiff had , not-proved.any, actunl. loss, and.-thai tiieiohly question at:issuo was- the extent of '.the injury" sustained ;;by,|the plaintiff,-so far as it niight effect, ■not her Rapacity .to earn\money, but/"her comfort: 'There, "ivas "no.! doubt'. that plaintiff , hati. been-.hurt, : considerably' .bruised,- and-.laid;, up' for .'about' five' days after the ; accident, • uild; •] b. iniglit be, felt. the result.' for',- a few , , weeks. rßut; that' wa? all,".and for a person ;iii the.-circunir. '■■stances of, ; Mrs.>..Carte',iClo.'\yas , .eompensation : :for- the.vhust'jS.he , - ha'd; sustdinedi. v .;.v ■ .■.-■ ;."/■■'/'■ ■'•',-' -.:,:'•[ : ■; ';.'... '~'Dr.■■Henry Edward.Gibbs, who,examined, 'plaintiff'on : April l - G/i gave 'evidence.: of '•* the "nature", of .'the injuries from which! he.had then found-her to'be suffering, .None of these':was- of a serious or perj.'manent'vcharac'ter,'..'. ■ "■'■•' ■; -;:,,'.- -r-. ■- ; : "'.Dr: : Ernest"■.Wni. .Gieseri, :who examined ■•plaintiftr/oii;. Junft 2i,,i testified,- in , reply to, Mt. DalzieH, , that'.'.he .went'to see if she was , suffering: from-, any- incapacity, but was.. 1 unable', to .find.:any.■■..', Plaintiff, told, him,'that*,sho-'nad,'no desire .toT-bring-an action,', but !that 1 , "her friends' had .persuaded-her; she had\a'.very: good case! : .The: only- expensq'involved ..was , what 'she inightl'havp* incurred.' by ..going 'into ,% 'nursing home and. for'medical attendanco —if she had done; so. !'.•; .',..■ ,: ~ .■ In: cross-examination,::; witness ; stated. . that a. .patient jmight' &v perfectly cured.' although still suffering l 'from., the effects 1 of an. injury; .y': , ; -,;;-.;, :,\v ','■■. .]'■ ■' ■",'■ V: i What:tfie ; , : His Honour, in' giving'.judgment,'said, .that: practically... the whole , oi, ■ the . pvi-, -deuce, iii .the/ case : 'was' reconcilable; the. ■■uiscrepanci.es,. to: his mind, were very un-* im-qbrtant.'•'. He■■ did not' consider' that' ' plaintiff .had ■* made, biitv the "\ claim - she : had . put .forward.'. She> had not been I dependent! ; on.,her ! : arm , ' to'' '-'make ■"■'her living; the 'basis was'.the sufferings',she ! ,had undergone since this occurrence.: It was'ohe. of those- cases I ,:in "'.which Wβ judgment \ would ''prove ' to ; both parties ;'*.' but. . the defendants . peared'to have'somewhat misapprehended the position;. The ■ hurt;suffered by .this lady-.must have been, "more'. persistent than: Dr. * Gibbs 'or ''plaintiff herself anticipated when DriGibbs visited her shortly , after the'occurrence.** He thought; that .was quite: clear. : . There were several circumstances which 'supported his.view. Apart from "the lady's own .'■; evidence--'-which.,wae* s quite-.' credible *■ and :■ quite reasonable-:-there was the evidence of.Dγ: M'Gavin,' fvho' had found visible appearances at .a-'later, date to show that the blow or whatever-it- was: had; so to speak," gone deeper '.than either Mrs. .Carte or ■' Dr. , - M'Gavin thought, at tho time.: Nor did he .think this, was' altogether 'inconsistent'; with ■'■■Dγ; Gibson's evidence. To some• extent it was. .In this caso he learned judge) 6aw a good deal- more.: suffering , than the ' defendant company had.appreciated in fixing the amount. He did "not" seo '■ any element,of losa- in , it:'.it.'was. purely a question . of'. suffering—perhaps, - half a year's: suffering—not continuous, and not, necessarily ,'serious.':,HeVassessed tho damages -at J321), , with coats,; as per scale, witnesses' expenses; and disbursements to,be.fixed the Registrar. ' ■ Judgment,was'entered accordingly. ax loggerheads. :..'. .■■ SLiIifDEE ;ACTION' SETTLED. .-.■■At';the sitting of the-Court* an an-nouncement'-was* made that, a settlement had been''arrived at'in:the action to recover .£6Ol. damages for slander brought 'by Michael John Reardon, union secretary,' Wellington, against Robert Hogg, editor of the "WorKer," which was to ! have been heard before Mr. Justice Chapman to-day. -:-,'■. . ■*, . Mr. P.-'J.'O'Regan stated: The plaintiff will proceed no further ivrith this action. The pleadings'show: that-defendant states' that his .criticisms were directed solely to tho. matter of book-keeping. Mr. Hogg did hot mean to reflect in any-way , upon Mr: Reardbn's personal honour or character. Of course the method 'of book-' keeping, is: admittedly a fair matter of criticism, which , Mr. Hogg is still at liberty: to'discuss.. Seeing that Mr. Hogg intended to'impute nothing dishonourable 'to Mr. Reardon, we are satisfied that any impression to the contrary will now be fully dispelled without proceeding further., . ... . Mr. Pair (of Messrs. Chapman, Skerrett, .Wylie and Tripp): On behalf of the defendant, I confirm what counsel for tho plaintiff has said. Mr. Hogg's comments were directed solely'to what he considered was an improper system of book-keeping, which on account of his connection .with the labour movement lie considered it was his duty to criticise. Ho did'not wish to cast any reflection on Mr. ReardqnVpersonal, honour, and any impression "to "the .contrary has been due to a misunderstanding. His Honour:-I am very pleased to hear •that the case has been settled.

ADJUDICATED BANKRUPT. ■ On the aiiplication of Jir. A. E. Atkinson, appearing for Arthur Hoby, dentist, Wellington (petitioning creditor), his Honour made an order adjudicating Granvillc Hunt, commissoin agent, of this city, a bankrupt.' The Court adjourned until 10.30 this morning.