WIDOW'S CLAIM

Evening Post, Volume CXXXIII, Issue 136, 11 June 1942, Page 7

WIDOW'S CLAIM

APPEAL COURT ARGUMENT

Questions of wide application are involved in a case which is now before the Court of Appeal and which largely concerns the law on insanity as founded on answers given by English Judges to abstract questions asked of them by the House of Lords nearly 100 years ago.

The case is one in which Elizabeth Murdoch, widow of William McPhee Murdoch, tram conductor, who committed suicide on April 10 last, claimed £3500 general damages from the British Israel World Federation (N.Z.), Incorporated, and Edward Elias Barrows, secretary. The plaintiff alleged that mental derangement which resulted in suicide arose from injuries suffered by her husband when he was struck by a car, owned by the federation and driven by Barrows, on December 23, 1940. At the close of the plaintiff's case, counsel for the defendants moved for a non-suit. The motion was reserved for argument, and by agreement the jury of twelve was discharged. Subsequently the case was removed by the Chief Justice (Sir Michael Myers) to the Court of Appeal for argument.

The Court consists of the Chief Justice, Mr. Justice Ostler, Mr. Justice Smith,' Mr. Justice Johnston, and Mr. Justice Fair.

Dr. O. C Mazengarb, with him Mr. R. E. Tripe, is appearing for the plaintiff, and Mr. G. G. G. Watson, with him Mr. W. P. Shorland, for the defendants.