Claim for Damages.
AN INTERESTING CASE,
LFbb JPbkss Association.] AUCKLAND, Sept. 15.
There has been on at the Supreme Court for two days a case of great publio interest, Irwin Lovett v. The Auckland Hospital and Charitable Aid Board aud Floyd Collins, an action to recover .£IOOO damages for alleged negligent and unskilful treatment in the Auckland Hospital. Mr Button for plaintiff; Messrs Hesketh and Cooper for the Board. The action against Dr Collins was discontinued. The Board having applied for a special jury, the case against Dr Collins could not be dealt with by the same jury, and Mr Button explained for that reason it was thought advisable to discontinue. Mr Button, in opening the case, read the statement of claim. It stated that the action was brought by the plaintiff, a labourer, residing in Fonsouby. The Board has full control and management of the hospital, and Dr Floyd Collins was the Medical Superintendent and a servant of the Board. On Jan. 17 plaintiff was admitted as a patient, suffering from a fractured leg, and remained an inmate until Feb. 23. During the whole time he was under the medical care of Dr Collins. and, owing to his unskilful treatment the patient had sustained permanent bodily injury, and he claimed .£IOOO damages. The defence admitted all the facts except unskilful treatment, alleging contributory negligence. An amended plea was put in, on which a question of law was raised, but that it had, Mr Button said, been arranged to argue subsequently. When he closed his case his friend; would move for a nonsuit on this question of law, and his Honor could then refer it for argument to Banco. The question of law raised was this: Was Dr Collins a servant of the Board, and was the Board responsible for his acts? His Honor consented to thi3 course, and Mr Button then proceeded to open the case to the jury. He exhibited a model of the bones of the leg as it was at present, jj showing that the brokenj bone instead of joining end to end, had overlapped for over an inch, and grew together in that way. This model was made to scale. The evidence of the plaintiff, nurse Dixon of the Hospital, and Br Davey was given for the plaintiff, whose case is not yet finished.
Claim for Damages.
Star (Christchurch), Issue 7270, 16 September 1891, Page 4
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