KILLED BY BOY’S KICK

Sun (Auckland), Volume IV, Issue 1060, 26 August 1930, Page 7

KILLED BY BOY’S KICK

Y.M.C.A. SECRETARY DIES FROM INJURY

FOSTER-SON CLAIMS £I,OOO Special to THE SUM . WANGANUI, Today. An unusual case was heard at the sitting ol' tlie Arbitration Court in Wanganui yesterday when tile YoungMen’s Christian Association was proceeded against tor £I,OOO compensation as the resiflt of the death at Wanganui of the secretary, David Dunn Milligan, which occurred in 1929. The plaintiff was Donald Dunn Milligan, a minor, foster-son of the deceased, who proceeded through his guardian, ad litem, Hector Christie. Mr. W. J. Treadwell, outlining the reasons for the claim, said Milligan, senr., had been secretary of the Wanganui Y.M.C.A. until his death in October, 1929. It had been part of his duties to enter into games with the young men and boys in the build ing and he had had a free hand in controlling the games played. The boys had an arrangement with regard to ping-pong that the winner was lo kick the loser for each point lost. “That was part of the game,” said counsel, “and the reward of success. In September, 1929, Milligan was playing a game with one of the boys. Before the start lie said that the usual rule should be followed and the winner would be entitled to exact the usual penalty. Milligan lost by 13 to 10, an unfortunate number, and he told the boy to kick him three times. At first the boy demurred at kicking tlie secretary of the Y.M.C.A., but finally did so.” Proceeding, Mr. Treadwell told tlie court that unfortunately one of the kicks so landed that Milligan received certain injuries and ultimately died. He was insured by the association under a policy against accident. After Milligan’s death a man named Sutherland came to Wanganui and took the boy plaintiff to Australia, where he had been ever since.

Counsel traced the action taken by the executors leading up to the issue of a writ in July, 1930. The six-

months’ period from the date of death expired on April 22 last, hut on April S, following on other developments, Mr. Christie told tlie Wanganui representative of the New Zealand Insurance Company that he intended taking action, subject to the approval of the boy’s guardian in Australia. On April 28 the head ofiice of the company iu Auckland demanded further information, which was supplied. A few days later Mr. Christie was told that the company repudiated liability. Mr, W. A. Izard,- for the defence, held that the action should have been taken within six mouths and the writ should have been issued on April 22 and not July 3. Ilis Honour Mr. Justice Frazer said the court would take time to consider its decision as to whether the case could proceed ill view of the objection to the six months’ time being exceeded as raised by the defence. Mr. Treadwell agreed not to proceed with the case in the meantime.