JURY’S VERDICT REVERSED
Judge’s Decision On Points Of Law (N.Z. Press Association) HAMILTON, Sept. 19. A verdict given by the jury in a plaintiffs favour on the facts has been reversed by a judge on points of law. Elsie Dorothy Hocking, a widow, now of Hamilton, sued the Attorney-General acting on behalf of the Ministry of Works for the loss of her husband. Clifford Henry Hocking, a driver, of Putaruru, who was killed when the timber truck he was driving fell into a chasm created by a washout on the main highway at Te Poi on April 9, 1959. The case was heard over five days in July last before the Chief Justice (Sir Harold Barrowclough) whose reserved judgment has now been given. Mrs Hocking sought to recover £10.500 damages less £2889 previously paid. The jury awarded her a net £5661.
His Honour said there was no evidence that the National Roads Board or its servants ought to have discovered the chasm before the truck was driven into it, and no suggestion was made that the board had failed in any duty to close the road, erect barricades, or install warning lights.
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Press, Volume C, Issue 29623, 20 September 1961, Page 10
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192JURY’S VERDICT REVERSED Press, Volume C, Issue 29623, 20 September 1961, Page 10
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