VERDICT IN DAMAGES CASE

Dominion, Volume 30, Issue 148, 19 March 1937, Page 14

VERDICT IN DAMAGES CASE

Appeal From Judge's Order MOTORIST SEEKS NEW TRIAL An accident which occurred on the 'Great South Road, Auckland, at midnight on December 8, 1935, between a motor-cycle and a stationary unlighted motor-car, was recalled iu the Court of Appeal at Wellington yesterday, when tlie owner of the ear, who had been refused judgment or a new trial alter a jury him found against him, appealed against the decision. Appellant was George Alfred Francis Hancock, grocer, of Auckland, nnd respondent llolford Stewart, freezing works tally clerk, also of Auckland. The court consisted of Mr. Justice Ostler, Mr. Justice Smith, and Mr. Justice Johnston. Mr. R. P. Towle appeared for appellant, and Mr. A. 11. Johnstone, K.C., with him Mr. T. N. Holinden, for respondent. At the Supreme Court hearing plaintiff claimed damages amounting to £1799/8/2 for injuries received by him as a result of his motor-cycle colliding with the car. He alleged that defendant was negligent in allowing the car to remain at night stationary and unlighted on a main road without having taken any steps to warn any person using the road that it was there. Defendant, on the other hand, contended that plaintiff’s injuries were caused or contributed to by his own acts and that he had the “last opportunity” of avoiding the accident and failed to avail himself of It.

The jury returned a verdict for plaintiff. It assessed the special damages at £259/8/2, and tlie general damages at £lOOO. Judgment was accordingly entered for that amount with costs. Defendant moved for nonsuit or for a new trial. In a reserved judgment Mr. Justice Fair dismissed the motion, and it was against tliis decision that an appeal was made. The hearing occupied the whole of yesterday, and will be continued today.