THE APPEAL COURT.

Taranaki Daily News, Volume XXXXII, Issue 96, 11 May 1900, Page 2

THE APPEAL COURT.

[PUB PBESS ASSOCIATION.] Wellington, May 10. The Appeal Court delivered judgment in tbe case of McFarland v. Stewart. McFarland was a patient in Dr. Stewart's Inebriate Asylum, and shot himself with a rifle left in the passage. The widow brought an action For damages for negligence. Mr. J ustict Denniston had found for the defendant on the ground that there was uo negligence. The appeal now failed. Tht Uhief Justice and Mr. Justices Conolly and Martin held that even if there was negligence the plaintiff could not succeed unless it way proved' that deceased was insane at the time. The Chief Justice held that there was no negligence, Mr. Justice Edwards dissented, holding that there was negligence, and that it was not necessary to prove insanicy, and, if necessary, plaintiff was entitled to a new trial. As Mr. Justice Dannioton did not decide on the point, no cos's were allowed. Judgment in the ctso of Onkley and Justice and others was also delivered. The question was as to whether thu Arbitration Court was entitled to give preference to unionists over nonunionists. The Court unanimously affirmed Mr. Justice Donniston's decision that the Act clearly gave power to the Court to give such preference. In the case of Rus-o)l v. Sim, a question whothor a medical practitioner could recover f;-.<s though umcgislerod when tho services were rondured, if registered before tho trial of lha action, tbe Court upheld Mr. Justice Conolly's decision that the medical man must be registered when hid services wero rendered, The appeal was dismissed.