FIFTH HEARING

Evening Post, Volume CXXIII, Issue 70, 24 March 1937, Page 5

FIFTH HEARING

COLLISION CASE

PROTRACTED LITIGATION

For the fifth time in what the Chief Justice ;(Sir Michael Myers) described as'"the .unfortunate. history of this protracted litigation" the facts and the law in the.motor collision case of Thomas Walton Robertson, a linesman, of Wellington, and Ling Sing, a merchant, of Greytown, were argued in Court today.

On February 18, 1935, there was a collision on the Rimutaka Hill road between Robertson- on a motor-cycle and Ling Sing,-driving a truck., Robertson sued Ling Sing before a Judge and jury and the latter failed to agree. After the second trial before a Judge and jury the defendant moved for judgment or alternatively.for a new trial. The motion was heard by six Judges. of the ■. Full Court and a new trial was ordered. Again the case was argued before a Judge (the Chief Justice) and a jury in a third trial in November last .and after it the plaintiff moved for judgment in accordance with the verdict of the jury and the defendant moved for'judgment in his favour or alternatively for a new trial. In a decision given in December the Chief Justice held that the defendant had failed on air branches of his motion and that the plaintiff must have judgment for £1463 12s 6d, the amount awarded by the jury. It was against-this decision of the Chief Justice that Mr. E. Parry, on behalf- of Ling Sing,, appealed in the Court of Appeall today, asking that .the decision be reversed and that judgment be entered for the appellant, Ling Sing, on the ground that the decision was erroneous in fact and law. Mr. W. E. Leicester appeared for the respondent, Robertson. 'The Court consisted of .Mr. Justice Ostler, Mr. Justice Smith, Mr. Justice Johnston, and Mr. Justice Fair. ■Argument is proceeding.