COLLISION ON HILL

Dominion, Volume 30, Issue 42, 13 November 1936, Page 13

COLLISION ON HILL

Ling Sing Case Again

Before Court

For the fifth time litigation has been taken to decide the question of liability for an accident that occurred at Snake Bend on the Rimutaka Hill, on February 18, 1935. Thomas Walton Robertson, linesman, aged 25, riding a motor-cycle on a comparatively narrow, winding part of the road, came into collision with a motor-van driven by Ling Sing, general merchant, Greytown. Robertson brought an action in the Supreme Court for damages against Sing, alleging general negligence. The defence was a denial and similar counter-allega-tions. At the first hearing the jury disagreed, but at the second trial Robertson was successful in obtaining damages amounting to £1704/1/10. Mr. E. Parry, for Robertson, then moved before the Full Court a motion for judgment or a new trial, which was opposed by Mr. W. 13. Leicester, for defendant. The court consisted of the Acting Chief Justice (Sir John Reed), Mr. Justice Blair, Mr. Justice Smith, Mr. Justice Johnston, Mr. Justice Fair and Mr. Justice Northcroft, and on individual judgments was equally divided. The Acting Chief Justice, Mr. Justice Blair and Mr. Justice Northcroft held that defendant should receive judgment, and the other three members of the court favoured a new trial. As the junior judge, Mr. Justice Northeroft withdrew his judgment. leaving the majority in favour of a new trial.

’file new trial took place last week, when a jury awarded plaintiff £950 general and £513/12/6 special damages. Yesterday, before the Chief Justice (Sir Michael Myers), Mr. Parry moved for judgment for defendant as on a nonsuit, or, alternatively, for a new trial. Mr. Leicester formally moved for judgment for plaintiff, pursuant to the verdict of the jury.

After hearing legal argument, his Honour reserved his decision.