THE BRUNNER CASE

West Coast Times, Issue 10538, 23 July 1897, Page 4

THE BRUNNER CASE

{Per United Press Association.] Wellington, July 22. A special ease having an important 4 bearing on the claims of sufferers at the finmner disaster was argued before the Chief Justice to-day. The point involved b whether or not an action for damages tinder Lord Campbell's Act or the Coal Vines Act, where compensation is given in respect of the death of a person, the •am of .money accruing to that person's relations from outside sources can be tpkeu into account in mitigation of damages. The question arises on account of thp participation of plaintiffs in the piblic fund established for their benefit, I which is being administered by the Public i Tjrtistee, and the decision will affect all ca&es brought against the Company. For the latter it was contended every element which affects the pecuniary position of a .distressed family must be taken into consideration by the jury in assessing damages and the public fund coming itfto existence for the benefit of tihe plaintiff, the jury is entitled to ft&e that into consideration in arriving at a verdict On behalf of plaintiff it was argued that a public fund did not confer any benefit upon plaintiff, charitable or otherwise. The meisure of assessment could not be altered by subsequent conduct of the plaintiff in accepting charity from friends or otherwise but f£fcs 3 pecuniary loss occasioned by the death of a relative. His Honor reserved judgment.

In addition to the case already tiientioned the Company moved to set titude 13 writs issued during the trial at Hokitika on the ground suggested by judge Denniston that they did not disclose the capacity of the plaintiff to sue. T^'e Chief Justice, however, did not take this view and without calling on counsel dismissed the motion with ten guineas cost. The Company has still seventeen motions of one kind or another to he heard*