a club to make safe a wall from which a man later fell and died.

The Hon. Mr. Justice Georges spoke as he and two other Appeal Court judges heard a widow's case against the National Sports Club, where her husband fell from a balcony wall.

The court heard current rules say such walls need a safety rail. But because the club's wall was built before the rules were laid down, it is not covered by them.

On June 4, 1987, Mr. Dennis Morris was sitting astride the wall while his stepson Brian played cricket on the field below.

He fell more than 15 feet onto his head, and was declared brain dead in hospital after more than 70 hours treatment.

Mrs. Carol Morris is pressing for damages for the death of her 49-year-old husband, a well-known sportsman and member of the club.

But Supreme Court judge the Hon. Mr. Justice Ground ruled last year that the club was not to blame. Now, Mrs. Morris has appealed.

Mr. Justice Georges said yesterday he was surprised, given how well-regulated Bermuda was, that the lack of a rail had not been dealt with when the club got its licence.

"Some pressure could have been put on it in order to get a licence,'' he said.

Mr. David Kessaram, lawyer for Mrs. Morris, told the court Mr. Justice Ground had made errors in his decision and wrongly applied the legal principle involved.

"The club was equally if not more culpable for the tragic death,'' Mr.

Kessaram said.

But Mr. Trevor Moniz, for the club, said Mr. Kessaram was being academic. He urged the court to take the "common sense'' view and uphold Mr. Justice Ground's decision.

He added that every building in Bermuda would have to be knocked down and rebuilt if they had to comply with today's building regulations.

The Appeal Court will give its decision later.