A CLAIM FOR DAMAGE

Dominion, Volume 20, Issue 17, 15 October 1926, Page 3

A CLAIM FOR DAMAGE

e RETRIAL GRANTED. Whether or not there should be a retrial was a question argued in the Court of Appeal yesterday. The case was one in which a jury had awarded Raymond Collins Anthony Hickey damages against Joseph Bird, as the result of a motor collision on the Great South Road, Auckland. Bird subsequently applied for a retrial, which was granted by Mr. Justice Herdman. It was against the granting ot the new trial that the appeal was lodged. After hearing legal argument, the Chief Justice (lion. 0. P. Skerrett) said that the Court was unanimously of the opinion that there were ample grounds to justify Mr. Justice Herdman granting the application. As was tho practice in these cases, the Judges of the Court, of Appeal had abstained from expressing any opinion of (ho facts, and, indeed, from discussing the facts. The reason for that practice was that the Judges of Appeal, or Judges considering actions for new trials, were undesirous of having even the appearance of expressing the inferences which they drew from the facts, or expressing their opinion as to the credibility of particular witnesses. The appeal was accordingly dismissed, with costs on the middle scale as from a distance. . . , Mr. If. G. R. Mason appeared forappellant and Mr. E. J. Prendergast for respondent.