£198 Damages For Death of Daughter

Manawatu Times, Volume 65, Issue 254, 26 October 1940, Page 8

£l9B Damages For Death of Daughter

SEQUEL TO BOARDINGHOUSE FIRE Per Press Association. WELLINGTON, Oct. 24. As damages for the death of her daughter, Kathleen Olive Matthews, aged 17, who died in the Hotel Lloyds fire on February 10 while employed there as a waitress, the Chief Justice (Sir Michael Myers) to-day awarded Olive Gwynne £l9B 3s. Defendant was Robert Stuart Wilson, proprietor of the hotel. Plaintiff claimed £9OO general and £2B 3s special damages and was awarded £l7O general and tho full amount of special damages. Evidence was heard on Tuesday and yesterday, and his Honour delivered an oral judgment today. His Honour said the evidence failed to disclose negligence on the part of defendant or his servants in regard to the origin or spread of the fire. Various theories had been suggested, but the principal witnesses had admitted it wa s imposssible to be dogmatic. The cause of the fire had not been proved. He had no doubt upon tho evidence that the lower part of the window in the girl’s room was not the proper part of the window but had been brought into the room from another room on tho same floor. It could not be opened but had to be wrenched out. In attempting to escape 3he had to go into the next room and there she was found suffocated. It was a reasonable inference that could the window have been opened she would have got out on to the lire escape and would not have died. It was only fair to say that there was no evidence that defendant had had anything to do with the nailing up of the window or knew it wa3 nailed up. Nevertheless she was his servant and he had given her that room to occupy and a lire was within the reasonable contemplation of the occupier of a building of that sort. The late Miss Matthews was a young girl receiving a comparatively small wage and there was always a likelihood that sho would marry at au early age. She had assisted mother for a few years but it was not a case in which a claim to a large amount could be sustained.