Late Edition

Manawatu Times, Volume 63, Issue 42, 19 February 1938, Page 2

Late Edition

Expectation of Life * ■ * --•) £950 Awarded Widower ALSO £750 FOR CHILDREN Per Press association. AUCKLAND, Last Night. The first case of its kind in Auckland under the new Law Reform .act and the third in New Zealand was decided before Mr. Justice Fair and a jury in the Supreme Court. Under this Act the legal rights of a victim of a fatal accident pass on to his executors, and juries are called on to assess in terms of money the value of the * ‘expectation of the life” that has been cut short. Plaintiff was Thomas Fulcher Sloane Hunt, tramway conductor, as administrator of the estate of his deceased wife, Ena Eliabeth Hunt, and he brought his claims against John Allen Gibson, commercial traveller. The accident which resulted in Mrs. Hunt’s death occurred on May . 29 last, when she was struck in Takapuna street by a car driven by Gibson. Negligence was admitted. The claims were for £ISOO under the Deaths by Accident Compensation Act and for £3OOO under the Law Reform Act.

His Honour said that they had evidence that Mrs. Hunt’s expectancy of life was 37 or 38 years and could take that as a starting point. How far could her dependants have expected to receive assistance of value from her during that time? That was to be considered purely on a mercenary basis They might think it is unlikely she would ever have assisted her husband. The £ISOO asked for would, with in terest, represent more than £IOO a year for the 18 years of the children’s infancy, and he thought that a good deal too much. They might consider a third or a half of that sufficient.

The claim based on the loss of expectation of life was somewhat different. The law now provided that the right of action which a person had at the time of his death should survive for the benefit of his estate. They should give what was fair and moderate in view of the whole of the contingencies of life.

As this was the first case of its kind heard in Auckland, he thought it desirable to refer to similar cases elsewhere. In Christchurch the representatives of a child were awarded £ISOO by a jury and the same amount was awarded by an English Judge sitting alone. In Wellington representatives of an adult woman received £235. The House of Lords awarded £IOOO in the case of a woman of 23, and the same amount was given by an English Judge last year in respect of a young man of 23. For a chile? of eight years £ISOO was recently awarded.

After an absence of over three hours the jury returned to award £750 for the children under the deaths by accident compensation claim, and £950 under the Law Reform Act for loss of expectation of life. An extension of time was granted to the defence in which to consider making an application for a new trial. SECOND CASE BEFORE COURT DEATH OF BOY AGED SIX AUCKLAND, Last Night. A second Auckland case involving the value of life under the terms of the Law Reform Act was heard before Mr. Justice Callan and a jury. In this case the jury was asked to assess the value of the loss of expectation of life for a boy aged six years, who was stated to have lived eight minutes after being injured.

Plaintiff was Reginald Haydock, a fitter, as administrator of the estate of Donald William Haydock, and defendant was James Rear, a labourer, who admitted negligence in connection with the accident on February 6, 1937, on ( Great South road, following which the boy died. Plaintiff claimed £ls 2s 3d funeral expenses and £2500 damages for the shortening of deceased's expectation of life. Defendant denied shortening of expectation of life, but claimed that, if there was, plaintiff was not in law entitled to recover any damages for it. After a retirement of an hour and ahalf the jury returned with a verdict for plaintiff of £llOO. The funeral expenses were not questioned. The usual time of 14 days was granted for stay of execution.