POINT OF LAW.

Auckland Star, Volume LXIX, Issue 295, 14 December 1938, Page 7

POINT OF LAW.

SUPREME COURT ARGUMENT.

CASE FOR APPKAL HEARIXG

In order that a point of law might lie determined. Mr. Justice Jair in the Supreme Court yesterday decided to remove a motion for a new trial in a motor collision ease to the Court of Appeal. The case was fine in which David Richard Pelifent Bambury. carpenter (Mr. Coates). claimed damages from Charles Reuben Cooper, builder, and Charles Croall. jun. (Mr. Hubble). An accident occurred on the Great South Road, near Horotui. on April 10, when a car driven by Coo|>er. with Bambury as a passenger, was involved in a collision with a stationary car under the control of Croall. After trial the jury awarded Bambury £32."> special and £740 general damages against the defendant Cooper alone. They awarded no damages against Croall. stating: "We find that he was not materially responsible." The appeal was made on the ground of misdirection by his Honor, and that the verdict was against the weight of evidence.

His Honor said that his view was that the direction he gave the jury was. correct, but with regard to the ground that the verdict was against the weight of evidence there seemed to be a great deal to be said in support of the contention. In all the circumstances he thought that the best course would be to remove the application to the Court of Ap|»eal, and an order was made accordingly.