JURY’S FINDINGS REVERSED

Press, Volume XCII, Issue 27764, 15 September 1955, Page 3

JURY’S FINDINGS REVERSED

Judgment for the defendant in a civil claim for damages has been given in the Supreme Court by Mr Justice Adams, who had reserved his decision on a motion by counsel for the defendant after a jury had awarded the plaintiff damages. The plaintiff in the claim for damages was Nixon Oakley Caulton. an infant suing by his guardian ad litem, Harry Oakley Caulton. The defendant was Harry Coleman and the third party was Herbert Geoffrey Howden.*) The plaintiff was represented by Mr H. S. Thomas; the defendant by Mr A. W. Brown and Mr P. T. Mahon; and the third party by Mr T. A. Gresson. About 11 p.m. on November 26, 1952, a collision occurred at the junction of Amyes road with Springs road between a motor-car driven by the defendant, and a motor-cycle owned by the third party, driven by one Holdship and carrying plaintiff as a pillion rider. Holdship was killed and plaintiff injured, The car had been emerging from Amyes road, and the motorcycle had approached up Springs road on the right hand side of the car.

The jury found that Coleman was negligent in failing to give way to the motor-cycle approaching from his right and assessed the damages for the plaintiff at £296. Counsel for the defendant filed a motion for an order directing that a verdict for the defendant was the only

verdict the jury could reasonably have found. “How the jury reasoned I cannot tell, but I am satisfied that, in arriving at the conclusion that defendant failed to give way to the motor-cycle andi thus caused the accident, the jury must i have proceeded by mere speculation and not by properly founded inference from proved facts. Whatever may have been the true cause of the accident, there is no ground for attributing it to a failure to give way,” said his Honour. “It follows that there must be judgment for defendant with costs as peri scale and disbursements for fees of Court, witnesses’ expenses and other necessary payments to be fixed by the Registrar. The trial lasted a day and a half, and a certificate is granted for 12 guineas for one extra day.” His Honour said a decision as to the liability of the third party became unnecessary and the order he was making would leave the defendant and the third party where they originally stood. Plaintiff was ordered to pay to defendant £l5 15s for costs of the motion with disbursements.

DECREES NISI GRANTED

Nancy Annie Mavis Jenkins (Mr J. B. Weir) was granted a decree nisi when she petitioned in the Supreme Court yesterday before Mr Justice McGregor for divorce from Walter Jefikins on the ground of desertion. John Henry Ward (Mr T. A. Gres- - son) petitioned for divorce from I Thelma W%rd on the ground of sepa- ’ ration. A decree nisi was granted. e Both petitions were undefended. "