Court of Appeal.

Waipawa Mail, Volume XXI, Issue 3666, 21 October 1897, Page 3

Court of Appeal.

(Per Press Association). Wellington, This day Argument is being heard to-day in tbe Coart of Appeal in tbe of tbe Grey month Point Elisabeth and Coal Company v. Mclvor, an appeal from the decision of the Chief Justice, on a question of law that was raised for argument before the Chief Justice, whether tbe fact of tho establishment of a fund by pnblio subscription for tho benefit of the families of those who were killed can be taken into aooouot by tbe jury in assessing the injury resulting to such families from tbe accident. Counsel for tbe company contended on the authority of cases in which property accruing to the family through the death of the father ban bees deducted from the compensation, that the value of the benefits which will probably be received from the relief fond must be takeo into consideration. In tbe present cast tbe Chief Justice held that as there was at the date of death a mere ohance only of tbe raising of eaoh funds, and compensation most be assessed acoording to the faots existing at the date of death, the subsequent raising of fands coaid not be taken into account The company now appeals from tais decision. Mr Guliy and Dr Findlay are appearing for tbe appellant oompany and Mr Jollicoo for the respon dent.