JUDGMENT AFFIRMED

Evening Post, Volume CXXVI, Issue 69, 19 September 1938, Page 10

JUDGMENT AFFIRMED

HUTT ROAD FATALITY

The Supreme Court judgment of the Chief Justice (Sir Michael Myers), who disallowed the claim by Mrs. Ada Payne for damages for the death of her husband, was upheld by the jCourt of Appeal today. Dunstan John Burney. a glass 'merchant, of Petone, was the owner of a motor-car that struck Henry Payne when he was walking across the Hutt Road, and the claim was for. £3000 damages. x " The jury found the driver of the car negligent, and Payne also negligent, but to a lesser degree. His Honour entered judgment for the defendant, and Mrs. Payne appealed against the refusal to enter judgment '"'■' for her on the answers given by the '■'■:■ jury. She also asked for. a new trial.1 The Court of Appeal consisted of Mr. Justice Blair, Mr. Justice Kennedy, Mr. Justice Johnston, and Mr. Justice Fair. Mr. Justice Blair and Mr. Justice Kennedy, in their judgments, held that thej .appeal should be dismissed, and the r,"^.other two members of the Court were -i, K . in favour of a new trial. The judgment in.the Supreme Court was upheld. Mr. A. B. Sievwright appeared for the appellant, and Mr. W. E. Leicester, with him Mr. J. Meltzer, for the respondent.