SUMMONS IN HOSPITAL

Poverty Bay Herald, Volume LXIII, Issue 19099, 21 August 1936, Page 2

SUMMONS IN HOSPITAL

MAN INJURED SERIOUSLY OBJECTION BY COUNSEL (Per Press Association.) WELLINGTON, this day. Criticism of the action of the authorities in allowing a summons to be serv ed b v a constable on a man lying in Die Wellington Public. Hospital snffci in 0 from a serious head injury was made Ov Af v J S. Hanna, in ihe Magistrate s Court before Mr. E. D. Mosley BM. yesterday, when the name of f tnlhp Ellis was called. The defendant, for whom Mr. Hanna appeared, was charged with negligent dmin< r . Air. A. R. Cooper prosecuted on behalf of the City Council. “The defendant is lying in the hospital suffering from a fracture of ns skull,” said Air. Hanria. in applying or an adjournment sine die. “At first Ins life was despaired of, but he is now on (he road to recovery. The summons was issued on August 6 and served on bun in the. hospital on August. 14. \ want you to consider, Your Worship, wnether the service is improper considering the circumstances.”

Mv Hanna, read a letter which his firm had sent 1o the City Conned solicitor regarding a proposed adjournment and the reply he received. In reply, the Citv Council solicitor took exception to the" “rash and uneonsidered statement regarding the service of the summons, and said that, the action had been decided on after the hospital lihd reported that the man was Out of danger and was progressing favourably. STEREOTYPED REPLY Mr. Hanna pointed oiit that, “out ot danger and progressing favourably,’’ was a stereotyped reply ot the hospital start to inquiries.

“1 ant not suggesting that any harm has been done in this case, went on Mr. 'Hanna. “I am suggesting, however, that, if such a course of action continues to be followed, serious harm may very well result in other cases.”

“My friend referred to the hospital s reply as being a, stereotyped one,’ said Mr." Cooper. "'“lnquiry was made at the hospital office and the urgent nature of the request was inf.cle known.’.' He went on to explain that, the hospital had_ given a favourable report and the service o' the summons was carried out. in accordance with that, report. “It. is not, customary 1o serve a summons in a hospital if ii can he avoided, said (he magistrate'. “It should only be done with the consent of the medical officer in charge of the case. If he gives his consent, it is perfectly safe to do so. The. case was adjourned until October 1.