PLAINTIFF NONSUITED

Ashburton Guardian, Volume 51, Issue 130, 14 March 1931, Page 4

PLAINTIFF NONSUITED

ACTION ACAINST CITY COUNCIL. (Per Press Association). "WELLINGTON, March 13. At the conclusion of argument in the case Hanna v. Wellington City Council, the Court of Appeal gave judgment in favour of defendant, granting a nonsuit. His Honor the Chief Justice said he could see no evidence that the tram was being driven at an excessive speed in the circumstances, and he thought the accident was due entirely to the negligence of the driver of the car in which plaintiff was travelling. If that collision was entirely due to that negligence, then plaintiff could not recover. Other members of the Bench were in agreement with the Chief Justice. This judgment also acts as a nonsuit in a case of Gwenyth Jenkins v. Wellington City Council, which was heard at the same time as the above case and in respect of which the jury granted £l-10 special damages and C3">o general damages. The plaintiff was another passenger in the same car as the plaintiff Hanna, and proceedings were taken by her concurrently with the above action.