APPEAL SUCCEEDS.

Ashburton Guardian, Volume 52, Issue 204, 10 June 1932, Page 6

APPEAL SUCCEEDS.

PRIVY COUNCIL JUDGMENT. SEQUEL TO MOTOR ACCIDENT. (United Press Association—Copyright) (Received This Day, 12.35 p.m.) LONDON, June 9. The Privy Council gave judgment for plaintiff in the case Benson v. Kwongchong, for £1134, with costs of the action and three trials. REVIEW OF LITIGATION. THREE TRIALS AT WANGANUI. WANGANUI, This Day. One of the most important decisions ever received ill New Zealand was conveyed by cablegram this morning to a local solicitor in protracted litigation, Benson v. Kwong Chong—a case in which the Privy Council unanimously reversed and trenchantly reviewed a judgment of the New Zealand Court of Appeal. Appellant (Benson) was awarded the amount claimed and costs. An accident happened to Benson in April, 1929, through a motor cycle collision with Chang’s lorry, driven by the latter’s son, who was under the age of 15, and had obtained a license. The action had been three times before a jury. On the first occasion the jury were unable to agree, on the second a verdict in favour of plaintiff was set aside by the judge as being perverse; on the third occasion, the jury having given their answers to specific questions, plaintiff and defendant moved for judgment on those answers, defendant asking, in the alternative, for a new trial. The motion for consent was removed into the Court of Appeal, and the latter was unanimously of opinion that judgment should be for defendant. Benson’s counsel followed the matter up, and obtained leave to appeal to the Privy Council in forma pauperis. This appeal was heard in April.