Murdoch v British Israel World Federation: 1942

The court considered the nature of a deceased’s insanity so as to prevent his suicide operating as a novus actus interveniens: ‘The plaintiff, in my opinion has succeeded in proving that her husband was so insane at the time he committed suicide as to be criminally irresponsible for his act, and therefore it has been proved, in my opinion, in fact (i) that the defendant’s negligence was the direct cause of the injury; (ii) that the injury was the direct cause of the insanity; (iii) that the insanity was the direct cause of the death; and therefore that the wrongful act of the defendant caused the death of the deceased.’

Judges:

Ostler J

Citations:

[1942] NZR 600

Cited by:

CitedCorr v IBC Vehicles Ltd CA 31-Mar-2006
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Negligence

Updated: 01 May 2022; Ref: scu.240044