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Murdoch v British Israel World Federation (New Zealand) Incorporated - [1942] NZLR 600

$30.00

Court of Appeal Wellington
11, 12, 15, 16 June; 18 September 1942
Sir Michael Myers CJ, Ostler J, Smith J, Johnston J, Fair J
Negligence — Deaths by Accidents Compensation — Suicide following Injury — Whether Chain of Causation between Accident and Death — Whether Suicide in such Circumstances a Novus Actus disentitling Dependants to Recover — Damages — Basis of Assessment — Deaths by Accidents Compensation Act, 1908, ss 3, 4, 5.
Criminal Law — Insanity — Criminal Responsibility — Crimes Act, 1908, s 43 (2) — Interpretation — No departure from Common-law Rule in McNaghten's Case — Unaltered by Mental Defectives Act, 1911 — "And" — "Or" — Man injured in Accident, afterwards suffering from Depression and Melancholia, and committing Suicide — Whether so Insane as to be Irresponsible in the Criminal Sense — Crimes Act, 1908, s 43 — Mental Defectives Act, 1911, s 31.
Practice — Jurisdiction — Trial — Judge and Jury — Plaintiff's Evidence concluded — Motion for Nonsuit — No Evidence for Defendant called — Plaintiff's Motion for Judgment — Case withdrawn from Jury by Consent of Counsel — Removal by Consent into Court of Appeal for Argument and Determination of Whole Case — Jurisdiction of Supreme Court to make such Order — Judicature Act, 1908, ss 64, 65.

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