COURT NEWS

Grey River Argus, 24 August 1934, Page 3

COURT NEWS

(Per Press Association.) WELLINGTON, Augiu-t 22. A uuu-suit with ’costs according t<> scai u was entered by Mr Justice Ostler iu the iSupreme Court in the case in which Heieu Henrietta Priestly, widow. by petition of right claimed £lOOO damages ag’aiust 'th<‘ Crown Lu injuries received when alighting from a train. Suppliant said that on September 2, she wub a passenger by railway from Auckland to National Park, and arnuiged with n guard, John Shaun, tha' he would assist her to alight at National Park. 'The guard did uo‘t come to her assistance as arranged, and she ■ iclermined to alight unu>sisted. While in the af-t of alighting she i(‘ll-, suffering bodily injuries. As ’he result oi the injuries she was totally disabled .f<;r liree months and was advise-! that >he would never recover. His Honor said it was a very anf< rlunaie act idenl, uU‘l he was sorry fop the plaint ill; It seemed to him to be his duty to (‘liter a non-suit. The onus lav on the plaintiff io prove soni :i negligence on the part of the railway or its officers. It was no part of plaintiff’s contract that lhe Department would undertake that she would alight at her destination without falling. It was no part of the duty of a guard to assist passengers to alight a.though guards often did. When such assistance was given, it was given as a. matter of courtesy. There was no that the guard neglibently forgot his promise. Ou plaintiff’s own admission she was on the platform as soon as the fain stopped AUCKLAND. August 23. Douglas Russell Newman, 27. clerk, and Keith Bryson, 27, insurance ir.spector. wer e committed for sentence to-day. Newman on several charges of stealing £578 and goods wotth £563. the property of the Farmers’ Co-operative Auctioneering Company, and Bryson on charges of receiving £169 in inone v and ‘.-iragette papers worth £219 from Newman, knowing them to have Leon dishonestly obtained. SluteiiK'iits by both men showe I ; that Newman, who was assistant buy er for 'the company, issued bogus or decs, by ariangenienl with Bryson. 'The amount of stock procured was worth .ib« ut £550. Bryson, though unaware of the exact, method, knew .that Newmaii was getting them fraudently. The ><-heni e commenced in 1931. Some or the goods consisted of razor blades, which weie sold ba'ck to Newman’s firm, payments being authorised by Newman Bryson admitted that Newman supplied him with goods, most'y cigarette papers, to sell in country districts H,> also sold them to stewards on inter-colonial ships and they wer 1 disposed of readily in Australia. HAMILTON. August 2.”..

Al the Supreme ('unit at Hamilton, Floraiice was found guilty (I committing a'ct ual bodily harm "n Frank liose, storekeeper, at Tirau, and guilty to iwo burglary charges, following a trial in which an extraordinary development was a denial by his accomplice of previous evidene e that Florance was implicated. Sentence was deferred. Damages Awarded AGAINST health specialist. WELLINGTON, August 23. ‘‘Where an. action is brought. I against an unregistered pe?*son practising in the medical field, the Four! pr«d)tililv takes into consideration the fact that plaintiff voluntarily submitted himself to tin* manipulation of an unskilled person. The mere fact that a cure was not pfTeetc-’d or that plaintiff sustained no benefit whatever from the treatment, would not of itseli give rise t'O cause of action. There is no implied contract that a practitioner will effect either one or the other. If, however, the' treatment is shown Io be such as in its nature can effect no possible benefit for, the type of complaint professed to be treatwl. I think a cause of action arises.’’ These ’words wore among those spoken by Mr Page. S.M., in giving judgment for George Mill ward, who claimed damages from John Murdock Miller, health specialist, for a'leged negligence and unskilful treatment. The amount awarded was £23. the amount of the fee paid, plus £5 for damages. Mr Page said that though the application of acetic acid and hot fomentations. as carried out by defendant. could, and did. have beneficial results in certain types of complaint, he thought the 'weight of evidence was such that it could have no possible beneficial effect as a cure or al- - of constipation.