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THE COURT OF APPEAL.

WELLINGTON, October 21. Arguments being heard to-day in the Court of Appeal in of the Greymouth Point Elizibetbßailway and Coal Company v. M'lvor, anappeilfrotn the decision of the Chief Justice. .The question of law was raised for argument before the Chief Justice asto whether the fact of the establishment of a fund by ; public 1 , subscription for the benefit of the families of those killed can : be taken into account by. the j-.iry, in assessing. - the irjiry resulting to such. familiesi from the acoident. Counsel for the company contended,, on the authority of oases., in which property accruing, to a : family through the death of the father has been deducted fromcompensatfon, that the, the benefit which will probably b& received from tho relief fund must be taken into consideration in the present case. The Chief;. Justice held that, as there was at the date of death a mere chanoe only of.the raisib'g of suoh a fund, and compeusation raust-be assessed according to the facts existing at;.the date of the (loath, the, subseguehtyxaisicg of a fund could nob be taken into account. The compauy now appeal from, that decision; Mr Gnlly and Dr-Findlay are!appearing for the appellant company, Mif" Jellicqe for the respondent.

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https://paperspast.natlib.govt.nz/newspapers/ESD18971021.2.27

Bibliographic details

THE COURT OF APPEAL., Issue 10450, 21 October 1897

Word Count
206

THE COURT OF APPEAL. Issue 10450, 21 October 1897

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