RETRIAL DISALLOWED.
MOTOR COLLISION CASE. (By Telegraph.—Press Association.) WELLINGTON, Monday. The judgment of the Court of Appeal in the case of William Osborne Thompson, of Auckland, farmer, versus Thomas Flhlay Leathart, of Auckland, master mariner, and Evelyn Leathart, his wife, was delivered this morning. An action was brought in the Court below by the above-named respondents to recover compensation for the loss of their son, who was killed in a collision between two motor cars, one of which was driven by Thompson. The other, in which the respondents' son was being carried, was driven by Fred Lees. Auckland. Lees was joined with Thompson as defendant in the Court beliow. Tl'o ;'irr found that there had been no negligence on the part of either of the defendants. and that the accident was unavoidable. The respondents then I brought a motion for a new trial again«t the appellant (Thompson) but not asrpinst Lees. The appellant appealed against thil order which Mr. Justice" Stringer granted. The Court of Appeal found that tie jury was entitled to find that neither party in the accident was negligent, that the collision w«« mUTogtMe ;' ••
The appeal was allowed, with eb(U t9 the appellant.
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Bibliographic details
Auckland Star, Volume LIX, Issue 161, 10 July 1928, Page 7
Word Count
196RETRIAL DISALLOWED. Auckland Star, Volume LIX, Issue 161, 10 July 1928, Page 7
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