LONG MOTOR CASE

Dominion, Volume 30, Issue 153, 25 March 1937, Page 12

LONG MOTOR CASE

Appeal Against Decision of Chief Justice After legal argument was heard all day yesterday in the Court of Appeal, decision was reserved iu the hearing of an appeal against a recent decision of the Ciiief Justice, Sir Michael .Myers, in a collision case concerning Thomas Walton Robertson, linesman, Wellington, and Ling Sing, merchant. Greytown. Counsel for appellant (Ling Sing) also asked to have judgment entered on the ground that the decision was erroneous in fact and law. The hearing was the fifth occasion on which the case has been before a court since February, 1935. 'flic court consisted of Mr- Justice Ostler, Mr. Justice Smith. Mr. Justice Johnston and Mr. Justice Fair. Mr. E. Parry appeared for appellant, and Mr. W. E. Leicester for respondent (Robertson 1. The case is one iu which there has been from time to time protracted litigation and argument, and the history of it is that on February 18, 1935, a collision occurred on the Rimutaka Hill road between Robertson, who was riding a motor-cycle, and Ling Sing, who drove a truck. Robertson sued Ling Sing before a judge and jury, ami the latter failed to agree. There was a second trial before a judge and jury, when defendant moved for judgment, or. alternatively, for a new trial. This motion was heard by six judges of the Full Court, and a new trial was ordered. The ease was next tu-gued before the Chief Justice and. a iurv last November, aud afterward plaintiff'moved for judgment according to the verdict of the jury. Defendant (Ling Sing l moved for judgment iu his favour, or. alternatively, for a new trial. In a decision given iu December last, the Chief Justice held that defendant had failed on all branches of his motion, and that plaintiff must have judgment for £1463/12/6. whiqh the jury awarded him. It was against this decision that the case was reopened. The court was adjourned until April o.