A VERDICT SET ASIDE.

Rangitikei Advocate and Manawatu Argus, Volume XLV, Issue 12011, 13 March 1920, Page 5

A VERDICT SET ASIDE.

Per Press Association. Auckland, March 13 Judge Chapman gave his judgment in the case Emma Readford against T H .Nathan and Co,, as agents for the N.Z.. Shipping Go., claiming £2OOO damages in connection with the death of her husband, a waterside worker. The case was heard on February 16th, when p'aintiff alleged negligence and a breach of duty on the part of the defendant in that the master of the vessel failed to place a light at an open hatch, which was not otherwise sufficiently lighted. The defence alleged contributory negligence on the part of the deceased in taking a route past the open hatch when admittedly ho was under no compulsion or instruction to do so. It was 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; also that neither on the general ground of negligence, nor on the ground of breech of statutory regulation, was the case of the owner proved. He. therefore, made an order for nonsuit, with costs according to scale on the amount claimed, witnesses’ expenses and disbursements to be fixed by the Registrar. Costs 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.