ACCIDENT CLAIM

Evening Post, Volume CXXIV, Issue 62, 10 September 1937, Page 11

ACCIDENT CLAIM

VERDICT FOR PLAINTIFF

JUDGE'S COMMENT

(By Telegraph—Press Association.)

CHRISTCHURCH, This Day.

"Although my opinion differs from that of the jury, I am unable to hold that there was any such unreasonableness or perversity in the verdict as would justify its being set aside because it was against the weight of evidence," said Mr. Justice Northcroft this morning when giving judgment for £1124 in an accident claim, the plaintiff being Corry Robert Coulson, of Greymouth, and the defendant, William Smith, of South Westland, farmer.

The accident occurred on a country road. The plaintiff was riding a motorcycle and encountered the defendant's car after it had been backed on to the road from a farm entrance. The plaintiff claimed that the car blocked the road and confused him as. to the best course to adopt. The defendant claimed he saw the motor-cycle and backed on to the road and then stopped, allowing room for the motor-cycle, but that the plaintiff swerved off the road into the farm entrance and though he did not touch the. car at all he was thrown off the motor-cycle by the rough ground. "Plaintiff," said his Honour, "was not supported by witnesses, whereas the defendant had a number of witnesses who appeared to be worthy of belief. The jury, however, has preferred the statements of the plaintiff to those of the defendant and his witnesses, and I am not disposed to say they were not entitled to do so. The jury found there was no contributory negligence on the part of the plaintiff and that the defendant was negligent."

The defendant had moved that judgment should be given in his favour, that no suit should be entered, or that a new trial should be ordered on the ground that the verdict was against the weight of evidence.