FATAL COLLISION

Evening Post, Volume CXI, Issue 35, 11 February 1931, Page 4

FATAL COLLISION

CLAIM FOR £1250 ftAMAGES

On fhe night of 9th August last year a collision occurred at the intersection, of oM Baroa road, and the Northland tunnel road between a motor-cycle ridden by a youth Earned Jack O 'Shea and a motor-bus driven by' Thomas Goodall, and O'Shea was killed. In the Supreme Court yesterday, before his Honour the- Chief Justice (Sir Michael Myors) and a jury,;Christopher.O'Shea, carpentor, of Kaiwarra, and; his wife, Annie Jane O'Shea, parents of the^ daceased, proceeded against: tH6 __6lbur_.-. Karori Motor-buß .'• ■ 'Coinpahyj- Ltd;, claiming £1250 damages. ;■ 5 ' :'; ; ; ' It, was alleged in : the. statement of claim that Goodalb dr^ye the bus in anegligent manner and Caused tho collision. That, however,': was denied in the statement of :defeiiee,;(alid i fpr;.a further defence to;:.■s}}&■;&£tian it. was contended that th^'^oliigion^was:-due' to O'Shea's nogligf-toot^/Vi-'■■■' ■; '>'>,'-■>■"<■" Mr. P. S. K. Ma|a^_e||^igpcaj!C!ti;:f6r': the plaintiffs, and ii£'T;:;;£ir AV^Hislop for the defendant !eainpany; Aftor Mr. Macas'soy^S; opening address, the jury was 'taken- to view the scene of tho accident. . ■ At the conclusion of the plaintiff's caso Mr. Hislop moved for a non-suit, on tho ground that no case had been made out to go to the jury. ■ His Honour said, he would like to consider the evidence, and this morning lie announced that he had come to tho conclusion 'that he,;\ought npt-.to grant. Mr. Hislop's application... -~.,.. ; . "I may have fairly strong views myself on the facts, '* said his Honour, "but I have no more "right'than I have inclination to attempt to usurp the functions of the jury.'' His Honour over-ruled the application, for non-suit, reserving tho right to Mr. Hislop to move later should ho dosire, and the hearing of evidence for the defence proceedod. ,