DAMAGES CLAIM.

Auckland Star, Volume LXVI, Issue 227, 25 September 1935, Page 8

DAMAGES CLAIM.

WIDOW AWARDED £1750. CASE BEFORE APPEAL COURT. » (By Telegraph.—Press Association.) WELLINGTON, this day. The Appeal Court to-day is hearing an appeal against the judgment of Mr. Justice Johnston dismissing the application for a new trial in the case of Freda Hill, of Fairdown, a widow, and Shaws' Taxi Service, Limited (Thomas Patrick Shaw, of Westport, a taxi driver, and Thomas Shaw, an electrician). Mrs. Hill brought an action against the Shaws for damages as the result of the death of her husband, which occurred after a collision between a motor cycle ho was riding and a taxi driven by Thomas Patrick Shaw, and was awarded £1750 damages by the jury. Application was made to the trinl judge, Mr. Justice Johnston, for a new trial, on the grounds that the finding of the jury was so defective that the Court could not give judgment upon it, that it was against the weight of evidence, and that the damages were excessive, but Mr. Justice Johnston expressed the opinion that the jury were entitled to find that plaintiff's loss was occasioned through the ncgligencc of defendants, and that the jury's assessment of the damages ought not to be set aside.