Boracure (NZ) Limited v Meads - [1946] NZLR 192

Master and Servant — Negligence — Liability of Master — Scope of Employment — Use of Inflammable Material — Servant, alleged to have lit same causing Damage, not called as Witness for Defendant Master — Direction inviting Jury to assume Adverse Inference thereon — Direction as to Servant acting within Scope of his Employment — Direction to regard Defendant, in relation to Damages, as Spoliator — Misdirection — New Trial granted.

Practice — Trial — Counsels' Addresses — Evidence — Plaintiff cross-examined on Document tendered to him — Document put in by Defendant — Defendant not calling Witnesses — Right of Final Address lost to Defendant.