DEATH FROM TETANUS

Dominion, Volume 31, Issue 152, 24 March 1938, Page 12

DEATH FROM TETANUS

Litigation Over Insurance

Decision has been reserved by Ihe Court of Appeal sitting in 'Wellington, in the case in which the Victorian Insurance Company, Ltd., appealed against a judgment given by Mr. Justice Norrheroft in favour of Ernest Leonard Harrison-Wilkie, farmer, West Melton. Christchurch. The action arose from the death of Mrs. Marguerite Therese HarrisonWilkie, who was insured for £lOOO tinder a private motor-vehicle insurance policy. Mr. Justice Northci'oft found that the infection of tetanus from which Mrs. Harrison-Wilkie (lied occurred' when she fell from a motorcar and not (luring the subsequent treatment at her home. His honour gave judgment lor the husband as administrator of the wife's estate.

The main ground of the appeal was that the cause of death was outside the scope of the provisions of the policy. The court consisted of the Chief Justice (Sir Michael Myers), Mr. Justice Blair, Mr. Justice Kennedy, and Mr. Justice Callan.

Mr. P. B. Cooke, K.C., with him Mr P. 11. T. Alpers, appeared for appellant and Mr. F. D. Sargent, with him Mr. K. J. MeMeiiamin, tor respondent.