MOTORIST AND CYCLIST

Evening Post, Volume CXII, Issue 91, 14 October 1926, Page 12

MOTORIST AND CYCLIST

LITIGATION OV.KR A COLLISION

The Court oi; Appeal to-day heard in appeal against a decision of Mr. Justice Herdman in connection with an action brought in Auckland in n>Rpeet to damages resultiny from ii collision between a motor-cycle stud a motor-car, in the Great South road. In ttio Supremo Court the jury found for the plaintiff, and tho defendant; applied for a new trial, which application was granted. It was against Ihe 'granting of the new trial Hint the appeal was lodged. '/'he parties in the case were Kavraond Collins Antony Hickey (appellant), for whom Mr. IT. (!. If. Mason appeared, and Joseph "Bird (respondent), who was represented by Mr. 10. .'I. Prendergast. After healing argument his Honour the Chief Justice said, that I Ik; Court was of opinion that Him; wen; ample grounds to justify Hie learned Judge in the Court below granting the application for a new trial. As was tinl .practice in these cases, Hie Judges of! Iho Court of Appeal had abstained from expressing any opinion on the facts, and indeed from discussing the facts. The reason for that good practice was I.hat Judges of: Appeal, or Judges considering actions for new I rials, worn undesirous oC having even the appearance of expressing Hit; inferences which they drew from Hie facts, "r expressing their opinion jis In Ilio credibility of particular witnesses. The, sfippol wonld b« dismissed, with osta on the middle scale as from a distance.