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Court of Appeal Wellington
14, 15 October; 21 November 1963
North P., Turner J., McCarthy J.
14, 15 October; 21 November 1963
North P., Turner J., McCarthy J.
Negligence — Contributory negligence — Defence contrasted with volenti non fit injuria.
Negligence — Volenti non fit injuria — Nature and effect of defence — Matters to be proved to substantiate defence — Whether applicable where negligence complained of is in future — Contrasted with contributory negligence.
Practice — Trial by jury — Issue not objected to when settled by trial Judge — Whether objection may be raised in Court of Appeal.