Mr. Master then addressed hie Lordship and said with reference 10 the plaintiff's evidence and to the coulment of counsel for the defendant on the question of her engagement as a typist and inter-prefer from June 1, he (counsel for the plaintiff) had" not thought necessary to call evidence of cor rebation. The defence had not plai assertions, but, continued called evidence to contradict the
counsel, "we can call evidence of corroboration, if your: Lordship' so' desires." "It was, however, not an important point. "The plainti? was a position where she had to take some employment—she had been living with her mother for 18 months and the time had come when she had to obtain some employment, His Lordship:—The evidence is that she was endeavouring to begin to earn her living, Counsel then submitted that coun sel for the defence was not entitled to ask plaintiff in eross-examination whether" she had received money' from Manila, unless he intended'to bring evidence that the plaintiff was not telling the truth. "My learned friend," continued counsel, "asked the question twice, once at the beginning. of his cross-examination and again at the end." In putting the question, on the second occasion, counsel havi warn you to be careful about your answer"—I submit, my Lord, that he was not entitled to ask the question unless he intended to call evidence to disprove her statement, His Lordship:—I take no notice whatever of questions of that' sort, Counsel went on to say that all the doctors were agreed that fracture of the elbow was the worst fracture one can. possible have. It was a most painful one and. the catment necessarily caused the patient intense pain. The plaintie had said that she suffered intense pain and all the doctors were agreed on that point. Dr, O'Hara had said that great violence was necessary cause a fracture of this sort.
Although defendant had called to see the plaintiff' while she was in hospital, continued counsel, that move than any decent gentlemen would do, but the defendant did not admit liability during his visits. Liability was entirely denied, The sequence of events were, as follows:-——July 8, claim was made; July 12, defendant denied liability: July 13, the writ was issued; and July 28, the money was paid into Court and liability admitted. The pinintift had suffered: intense pain ind for the nineteen and half days spent in hospital, was unable to sleep without the administration of sleeping draughts. She could not lie on hier right side and had suffered considerable discomfort. Her arm had been in a sling for two weeks after she came out of hospital. The accident had occured on May 16, thirteen weeks ago, and plaintiff is still having massage treatment which causes her pair and this treatment and electric! treatment would have to be continued for several months -inore, As time went on the pain might be Jers but plaintiff "hud already suffered the most intense pain ant was, submitted counsel, entitled to the' greatest consideration. The doctors had said that the plaintiff should take a holiday at Beppu ard undergo further special treatment. She was still very nervous and hed Aifeulty in sleeping. There was no question but that the plaintiff? had suffered a permanent injury, it not a matter of months or 'a yea, she would never be able to use her right arm as before the accident. "It was all very well," continued counsel, for my learned friend to say that by the use of other muscles, the loss of function would be con: siderably minimized. Why should the defendant be excused because she would have to incline her head enable her to touch her neck? Why should che have to twist her back to enable her to dress?" Because the plaintiff would have to bring muscles not ordinarily used in such operations into play was no reason why the damages sould be mi imized. Tt was very ingenious of counsel for the defence' to introduce the-question of disability of flexion and disability of function. There was no doubt that the plaintiff ha&' suffered a permanent injury-to her
Text read from the printed page and cleaned; old type leaves the occasional error.