WIDOW'S APPEAL.

Auckland Star, Volume LXIX, Issue 223, 20 September 1938, Page 19

WIDOW'S APPEAL.

"ROUND ROBIN" CASE.

ECHO OF CLAIM FOR £3000.

(By Telegraph.—Press Association.)

WELLINGTON", Monday.

The Appeal Court to-day delivered judgment in the appeal case of Payne. of Wellington, against Dunston John Burney. of Petone. The case, was that of a widow suing for £3000 damages for the death of her husband while crossing the Hutt Road on June 21, 1937. The jury found that the driver of the rcspoTulont's car and the deceased were both guilty of negligence materially contributing to the accident, but the deceased "in & lesser degree."

The ca-se is known locally as the "Bound Robin" caee, in view of £he letters sent by the jury subsequent to the verdict as to their intention to award the widow damages. The appeal was dismissed without costs.

Sir. Justice Blair and Mr. Justice Kennedy considered that the appeal should be dismissed, while Mr. Justice Johnston and Mr. Justice Fair delivered judgment* in favour of a new trial. The Court being equall}' divided, the judgment of the Chief Justice, Sir Michael Myers, stands. Costs were not awarded on the appeal in view of a division of opinion.