MOTOR COLLISION
JURY'S FINDINGS
EVIDENCE REVIEWED
His Honour Mr. Justice Heed was esi* gaged in the Supreme Court yesterdajfj' afternoon in hearing motions arising oirf of the ease of Ilirsehoru againijj Leonard Mcrvyn Wallace, in which;th^ jury last week awarded ,the plaintiff £507 12s damages.
At the trial the jury found that ths plaintiff had been negligent in turning his motor-car to the right from a eta«; tionary position in the track of advaricj ing traffic without giving the required!; signal, and also in failing .to keep, aji proper look-out. The plaintiff, on a motor-cycle, was passing another ear driven by John W. F. Smart when hii collided with the defendant's. ear an.S was severely injured. Yesterday afternoon Mr. P. 13. Cookey counsel for the defendant, moved for s, nonsuit and judgment for the defendant, or for a new trial. He submitted' that the defendant was not guilty ot common law negligence, although he dic^ not give the regulation signal. The evidence, he contended, showed that tU«i plaintiff's speed was excessive, and that he gave no warning of his approaclf when parsing Smart's car. Had such! warning . been given, , the def endajifi would not have crossed the road, and! the accident would have been avoided. The plaintiff was therefore guilty pi! contributory negligence, which should prevent him from succeeding. Alternatively, counsel asked for a new trial on the ground that the verdict warf against the weight of evidence. ' For the plaintiff, Mr. A. B. Siev* wright said that as Smart was obliged! Ito go on to tho macadam to avoid "Wai* |lace's car, the evidence, showed tha'B there was so little time to turn in froiilj lof the advancing traffic that Wallacs should not have attempted to cross tlid [bitumen. That, counsel submitted, vrn.it the sole cause of the accident. Theri was ample evidence at the conclusion of the plaintiff Js case on which to sub* mit the facts to the jury. With regard to the motion for a new trial, counsel I contended that the jury had answered I the issues clearly and decisively.
Decision was reserved
MOTOR COLLISION
Evening Post, Volume CX, Issue 31, 5 August 1930, Page 3
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