JUDGE V. JURY

New Zealand Times, Volume XLVI, Issue 10537, 13 March 1920, Page 6

JUDGE V. JURY

A VERDICT REVERSED. FEB PRESS ABSOCIiTIO!*. / AUCKLAND, Man* 1». Mr Justice Chapman # gave . reserved judgment in the case Emma Bradford against A. H., Nathan'as agents for the New Zealand Shipping'Company, claiming £2OOO damages, in connection with the death of her husband, a waterside worker. The case was heard on February 16th, when the plaintiff alleged negligence and a breach of duty on part of .the defendant, in tliat the master of the vessel failed to plaOe a light, at an open hatch, which was not otherwise sufficiently lighted. The defence alleged contributory negligence on the part of deceased in taking a route past an open hatch, when, admittedly, he was under no compulsion or instruction to do so. It was also contended that no statutory breach had been committed by the defendant.

The jury -found for plaintiff, and awarded £IBOO damages. The judge now held that the findings of the jury on the issues placed before it were against the admitted facts of the case; that neither on. the general ground of negligence nor on the ground of breach of statutory regulations was the case against the owner of the vessel proved. He, therefore, made an order for a nohsuit, with costs according to acalo on the amount claimed; witnesses’ expenses and disbursements to be fixed by the Registrar of coats on the highest scale up to and including preparing for trial, and £26 10s costs of trial were 'also awarded the New Zealand Shipping Company as defendant.