COURT OF APPEAL

Dominion, Volume 11, Issue 2, 27 September 1917, Page 9

COURT OF APPEAL

AUCKLAND TRAMWAY ACCIDENT

CASE REMOVED FROM SUPREME COURT

:■ The Court of Appeal sat in Welling-, ton. yesterday. The '.Chief Justice (Sir Robert Stout) -presided, und with him on the' Bench.'. Were Mr; Justice Bvnuiston, Mr. Justice Cooper, Mr. Justico Chapman, and Mr. Justice Hpsking. : The Court heard argument upon a case removed' from the Supreme Court at Auckland, on the motion of the defendant,-, with the consent of the plaintiff. The plaintiff was Ann Loekwood, wife of Joseph Loekwood, labourer, of Onehunga, and the defendant the Auckland Electric Tramway Company, Ltd. The plaintiff alleged that on May 26, 1917, she was travelling to • Onehunga in one of the company's cars when, by reason of the negligence of the company or its servant or servants in wrongfully tremoving the fiontroller of'the car, and the failure of the said servant or servants to observe the regulations of the company, the tramcar left the rails and collided with a bank. The collision caused the plaintiff injuries for which she claimed 4:53 15s. fid. as special damages and 4:200 as general damages. For the defence, the plaintiffs allegation of negligence was denied. The parties agreed in the Supreme Court that there was an important principle of law. involVed; and the Court therefore ordered the removal suggested. Mr. J. R. Reed, K.C. (who, with Mr. J. C. Peacock 1 , appeared for the defendant), yesterday argued that there was no evidence of negligence to go before a jury. Mr. A. L. Denniston appeared for the plaintiff. Decision was resorved.

A WILTi- CASE. The Court in the afternoon heard argument upon the construction of the will of one Jessie Hall Bull, late of Napier, deceased. There' was a doubt whether there was an intestacy as to part of the estate, and also a doubt .'aa to what part;of' the estate was affected if aay intestacy existed. Mr. Hay appeared for the Public Trustee, Sir John "Kndlay, K.C, and Mr D. At. Boggard-for-J. H. Sheath and other beneficiaries, and Mr; C. I'. Skerrett, K.C, and Mr.. Cronfbie for A. H. M.. Bull; executor of the will of Frederick Bull, .deceased, husband of the testatrix. The hearing was not concluded when, the Court rose. ■ ■'.'