CURIOUS POINT

Evening Post, Volume CXX, Issue 117, 13 November 1935, Page 13

CURIOUS POINT

CLAIM ON FRIENDLY SOCIETY

IS MEMBER AN OWNER? (By Telegraph—Press Association.) CHRISTCHURCH, This Day. A question stated to be without a precedent in the British Empire was argued in the Supreme Court before Mr. Justice Northcroft this morning. The point was "whether a member of a society registered under the Friendly Societies' Act, 1909, could bring an action for damages against the society. The plaintiff was Joseph Edward Fussell, truck driver, of Ashburton, who claimed damages amounting to £635 from the trustees of the Ashburton Club and Mutual School of Arts. The statement of claim set out that the plaintiff was a member of the defendant club which was a society registered under the Friendly Societies' Act, 1909. On November 9, 1934, at 11.30 a.m., he entered the club premises and went into the bottle store, standing at the counter beside an ice chest which was eight or nine feet high. On top of the ice chest were a number of bottles of beer and other liquids which fell on to his head, seriously injuring him. The plaintiff contended that the bottles fell as the result of the negligent manner in which they were stacked and placed without a barrier and in unreasonable numbers. He claimed £135 as special damages, including medical expenses and compensation for employment lost while he was incapacitated, and general damages amounting to £500. The defence was that the plaintiff, being a member of the defendant club, was an owner and consequently could not sue himself. A further point raised in the defence was that the plaintiff in any case could not resort to the Courts, but under the Friendly Societies' Act and the club's rules he must have his claim settled as provided by the club's rules. This morning's hearing was for the purpose of hearing legal argument on points of law to determine whether the action could proceed. Judgment was reserved.