CLAIM FAILS

New Zealand Herald, Volume LXXV, Issue 23052, 1 June 1938, Page 16

CLAIM FAILS

BUSH ACCIDENT CASE NO NEGLIGENCE SHOWN ANSWERS BY THE JURY Answers which resulted in judgment being entered for the defendant were returned by the jury in the Supreme Court yesterday in the case in which Charles de Thierry, a Maori labourer of Port Albert, claimed £IOOO general and £.'lol special damages from James Thomas Whitl'ord, sawmiller, of Auckland. The claim was made on account of injuries which plaintiff received on July 9, 1936, while taking part iu timber hauling operations at Kaiaua, on the Firth of Thames. The trial, which was conducted by Mr. Justice Fair, began last Thursday. Mr. V. 11. Meredith and Mr. N. I. Smith appeared for plaintiff and Mr. North and Mr. Hart for defendant. After His Honor had addressed the jury yesterday ho submitted to them a series of issues, to which the juiy reported its answers after an absence of four hours. It found that the accident was due to a strop breaking, but that this was not owing to defendant's negligence. Neither had plaintiff been guilty of negligence in any of the three ways sunE es ted. The jury was also asked hypothetically to assess damages, irrespective of its answers to these other questions, and these it fixed at £SOO general and £266 13s 6d special damages. His Honor said the effect of the answers seemed to be judgment for defendaht, and judgment would be entered accordingly. He certified for two extra days and for second counsel and allowed £7 7s for interrogatories. Mr. Meredith was allowed 14 days in which to apply for a new trial, and His Honor reserved decision on the second cause of action, in which plaintiff made a claim under the Workers Compensation Act.