SUPREME COURT

Otago Daily Times, Issue 24944, 17 June 1942, Page 6

SUPREME COURT

CLAIM BY WIDOW CULVERT TRAGEDY RECALLED Mr Justice Kennedy was engaged yesterday In hearing a claim for damages by Myrtle Coard against the Crown for the death of her husband, Robert John Coard, under the Deaths by Accident Compensation Act. It was alleged that the death of the husband had been caused by the negligence of the servants of the Crown. , Mr I. B. Stevenson, who appeared for the plaintiff, stated that a settlement had been reached in the action. Counsel explained that Coard had been killed in an accident on the Kingston-Queenstown road. A culvert had been blocked at the road, and Coard had tried to remove the blockage. The water from a pool found on the hill side of the road had, however, swept into the culvert and hurled him some considerable distance down the hillside, and he had received injuries from which he died shortly afterwards. Counsel detailed the circumstances which had prompted Coard to endeavour to remove the blockage. Mr Stevenson said that the settlement was on a basis of £I2OO. each party to pay its own costs. This amount was £282 81 3d in excess of the compensation and funeral expenses to which the suppliant was entitled under the Workers' Compensation Act. Mr F. B. Adams, who appeared for the Crown, held that the deceased should not have gone into the culvert as he had done. He said that the deceased was conscious of his danger,- as he had been accompanied by his wife and his son, and he had asked his wife to keep a watch on the level of the water in the pool which was being blocked from getting away. He said that Coard was, however, a zealous officer, and for that reason, and that reason alone, the Crown had agreed to pay something beyond the amount to which the suppliant was entitled. Mr Adams told of the bravery of the adopted son, lan Coard, who for two hours had held up his father in the water, and had shown great endurance. His Honor said that he was satisfied, from what counsel for the plaintiff had told "him and also from the statement by counsel for the Crown, that the settlement proposed was an advantageous one to the suppliant, and that it should have the approval of the court. The settlement was therefore sanctioned and approved.

DISPOSAL OF COMPENSATION ' MONEY

An application was made by the Otago Harbour Board for the disposal of the compensation money of £5750 for land owned by the board and taken by the Public Works Department, the money to be paid to the Otago Harbour Board Sinking Fund Commissioners, or, altera natively, to be applied /to the; purchase of land by the-board', and the balance invested in securities. The money was paid by the Public Works Department to the Public Trustee, who is the custodian of the money in terms of the statute. After hearjng legal argument, His Honor reserved his decision.

Mr A. C. Stephens appeared for the Harbour Board, Mr J. M. Paterson for the Sinking Fund Commissioners of the board, and Mr W. Brown for.the Public Trustee.