CLAIM SUCCEEDS

New Zealand Times, Volume LII, Issue 12204, 31 July 1925, Page 5

CLAIM SUCCEEDS

£3ll DAMAGES AWARDED

BLOW FROM FALLING HAMMER. A blow caused by a falling hammer was the ground for. a claim for damages amounting -to £2IBB 9s 6d, before Mr Justice Ostler and' a special jury of twelve, at the Supreme Court yesterday. i The parties were Edgar Horne, butcher, of Wellington, and. Harriet Hdrne, his wife and A. and T, Burt, Ltd., defendants. The plaintiff’s statement ■ of' claim wds that, on December 4th, 1924, she was walking along the pavement, when an employee of the defendant company negligently ■ dropped 'a hammer from the top story of the Masonic. Hotel, which fell bn her head, wherehy she was permanently injured. Mrs. Horne claimed medical' attendance £9B 7s, help in houcb £7, damage to clothing £27, -special food, etc., £2B, and general damages of £I6OO, a total of £1660 7s; Edgar Horne, for being deprived af the services of hie wife and her society, and for loss of wages, £2B 2s 6d, and for general damages £soo—a grand total of plaintiffs of £2IBB 9s 6d. The defence admitted the facts as regards-the fall of the hamfner, but denied negligence ,on tbst part of any* employee of the company.. They further denied that Mrs Home was pe‘rmanently injured.* -Addressing the*jury, Sir John Findlay, K.C., counsel for the defendants.. Btated.that the claims were wicked and exorbitant'. They were prepared to give £197 10s, and the matter would haye been settled out of court had the claims not been so extremely excessive. , j Mr 0. O. Mapengarb, in reply, said 1 that tlje claim might be excessive, but. the offer of tbe defendants was ridiculously low. After a retirement of fifty min'utes the jury -awarded the following damages:—To the' female plaintiff, £95 special, damages and,£ls6 general;'to the male plaintiff, £lO special damages and £SO general, making a total of £3ll- Costs were allowed on the middle scale.

The) jury added a rider drawing the attention, of the authorities to the accident, and suggesting that steps be taken to prevent recurrences in tbe future.