DEATH RESULTS FROM KICK

Taranaki Daily News, 5 September 1930, Page 9

DEATH RESULTS FROM KICK

CLAIM FOR £lOOO COMPENSATION. THE ACTION “OUT OF TIME.” Reserved judgment has been delivered by the Arbitration Court nonsuiting Donald Dunn Milligan ,in hsi claim for £lOOO against the Y.M.C.A., Wangaiitti, in rcspedt to the death of his adoptive father, David Dunn Milligan, as the result of a kick received in play white the senior Milligan was secretary of the association. Dtirifig a galiie of pihg-poiig in the institution Milligan was kicked by a boy as an agreed penalty for losing. A serious injury was accidentally inflicted, and death resulted on October 22, 1929. it was cbiiteiided that the fatality arose f>Ut bf deceased’s employment. At the lieu ring on Atigtist 25 cotinsel decided to argue on- the defence that the action was out of time, as it had not been commenced until July 30 last, instead of within six months of death. Plaintiff left for Melbourne shortly after the fatality. : Formal notice of claim was givbil to the association’s insurance company, but it was not admitted. In granting a nonsuit, his Honour Mr. Justice Fraser said: “It is obvious that plaintiff’s absence from New Zealand did not preclude him from having the actio.', commenced within six months from the date of deceased’s death. Mr. Christie had full instructions in February to act as he thought best, and it is net suggested that, even if plaintiff had been present in New Zealand, anything ftifthdr could have been done. The mere fact Of absence does iibt constitute lawful CxcUsii for delay; it riiiist be absence Uilder such conditions and iii such cireUiiistarlces as to occasion delay.”