NEW TRIAL ORDERED
RIMUTAKA HILL1 CASE
JURY DISAGREES
After a four hours' retirement, to consider a claim for damages amounting to £2134 Is lOd made by Thomas Walton Robertson, a linesman, aged 25, against Ling Sing, a merchant, of Greytown, arising from a collision between the defendant's lorry and the plaintiff's motor-cycle on February 18, 1935, a jury in the Supreme Court disagreed last night, and a new trial was ordered when the announcement was made. The accident occurred on the Rimutaka Hill.
Mr. W. E. Leicester appeared for the plaintiff, and Mr. E. Parry for the defendant, and the case was heard before Mr. Justice Smith.
Evidence for the defence was taken after "The Post" went to press.
In his statement of defence Ling Sing admitted the collision but denied all the allegations of negligence. The collision, he said, was ' due to the negligence and lack of skill on the part of the plaintiff, who, he alleged, was riding on the wrong .side of the road at an excessive speed in the circumstances, failing to keep a sufficient look-out, and failing to give warning of his approach. The .defendent further charged the plaintiff with not keeping his motor-cycle under proper control and failing to avoid a collision. If he (the defendant) were guilty of negligence, he claimed that the plaintiff had been guilty of contributory negligence.
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Bibliographic details
Evening Post, Volume CXXI, Issue 106, 6 May 1936, Page 16
Word Count
227NEW TRIAL ORDERED Evening Post, Volume CXXI, Issue 106, 6 May 1936, Page 16
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