LAW REPORTS.

Dominion, Volume 4, Issue 1142, 1 June 1911, Page 3

LAW REPORTS.

SUPREME COURT. CHILD HURT IN MOTOR SMASH. ARGUMENT ON DAMAGES. As the result of a recent motor-ear accident at the Hutt, a little girl named Ina Frances May Cuclby had her leg broken. A claim for 16763 damages against Mrs. Jacob Joseph, owner of the car, was filed in the Supreme Court, .£l3 of that sum being special damages. An amended statement of claim reduced tho general damage to «£J7S, but increased the special damages to dMU. - Defendant paid .£IOO general damages, and A'l3 special damages into Court, and plaintitfs accepted the amount. The money was paid with a denial of liability. Mr. A. AY'. Blair, who appeared for defendant, mentioned the case in tho Supremo Court yesterday, and explained that the child was about four years of age, and it appeared to him proper that an application should be made in regard to setting aside as much as possible of the amount of general damages that belonged peculiarly to tho child—that was, that special damages, should be set aside for the purpose of being utilised for her benefit. A guardian had been appointed. His Honour: Being guardian, in his own interests, something should be done; otherwise when she camo of age she could sue him. Mr. Blair said that a recent English rule provided that the damages awarded should be paid to tho Public Trustee. His Honour said that it would bo a good thing if the money could be invested,with the Public Trustee, so that she. could have a sum of money when she came of age. Mr. Blair stated that the child had quite recovered, and the medical expenses had been provided for. He suggested that plaintiff should concur that •some portion of the money, say, £75, should bo paid to tho Public Trustee. There was jurisdiction to make an order under the Infants Act. His Honour thought that was so. Mr. G. Samuel,~who appeared for plaintiff', opposed the application. His Honour said it would be better if the guardian was consulted, and a sum set aside for the child.. Mr. Samuel said the suggestion might bo reasonable, and be carried out in cases whore a considerable sum was awarded as damages; but in the present case, the amount was small. His Honour replied that although, the sum seemed small now, it would amount to a considerable sum when the child reached the age of 21 years. If we had some of the thrift of the French in such matters, ho thouglut it would be a good thing. ' . It was agreed that the case be mentioned agaiu next day. A WANGANUI CASE. BUTTER MAKER'S BUSINESS. Ernest Peppin Blake, butter manufacturer, Wangauui, appealed from aji order of the Registrar at Wanganui adjudicating him a bankrupt. Mr. W, Currie, of Wanganui, appeared for Blake, and Mr. H. D. Bell, K.C., and Mr. G. Samuel, for the petitioning creditors, the United Cooperative Dairy Company. The case was very involved, covering a series of transactions extending over a period of about five years. ■Mr. Currie gave a history of the transactions between the parties, and contended that non-compliance with the bankruptcy notice was not an" act of bankruptcy, because the bankruptcy notice was issued in respect of the'whole of a .confessed judgment, when part of the judgment had been paid. He urged that the notice was therefore bail. Mr. Bell said that the point mentioned by Mr. Currie was a new one. It would be arranged to petition on behalf of another "creditor, against whom the samo point could not be raised. His Honour the Chief Justice made an order for the discharge of • the bank--ruptey, with ten guineas against the', petitioning creditors.