A NONSUIT.

Press, Volume LXIII, Issue 18924, 12 February 1927, Page 17

A NONSUIT.

JURY'S WRONG VERDICT. [THE FBSBS Special Bertie*.] DUNJEDIX, February 11. On Wednesday last a jury awarded Arthur George Ivan Smart damages amounting to £9l 1& for injuries received (liruiiuli the alleged negligence of Andrew Hatusay in driving a motorlurry, under which plaintiff had fallen alter being kicked bv a bullock. This morning itir J. S. Sinclair, for the defendant, moved for a nonsuit on Hie grounds that there hud been no icasmiablo evideuce before the Court by which tho jury was justified in finding the verdict it had found. Mr Sinclair contended that the Jorry had been driven at exceptionally sltiw speed, and that tho act on the part of plaintiff of hitting the bullock constituted contributory negligence. Mr Barrowclough, for the plaintiff, said that the negligence alleged was not that of failing to pull up the lorry quickly, but in having the lorry morinp.

His Honour said that he had had no doubt in his mind concerning the case from the first. He might have stopped the proceedings, but thought it better to allow the jury to bring in the verdict. The plaintiff would be nonsuited. Costs as per scale were allowed, but his Honour remarked that it would be a graceful act if these wero not pressed for.

Mr Sinclair said that his application on this head was purely formal.