A DUNEDIN APPEAL

Evening Star, Issue 17325, 13 April 1920, Page 4

A DUNEDIN APPEAL

AN ELECTRIC CAR ACCIDENT,

[Pes United Press Association.]

WELLINGTON. April 13. At the Appeal Court this morning, argument is proceeding in tho case Kenny and Kenny v. the Dunedin Corporation, an appeal from the judgment of the Chief Justice (.Sir P„.. Stout). The female plaintiff, when alighting from a moving tramcar, fell an<? sustained injuries. . She and her husband brought an action for damages against tho corporation, and the trial chiefly turned on the question agi to whether tho accident occurred through the of the corporation’s servants or the plaintiff’s own negligence. The issues put to the jury were ; “ (1) Were the servants of the corporation guilty of any negligence that caused tho accident? f2) Was the plaintiff, Mrs Kenny, guilty of any negligence that led to her accident? ” The jury returned the following answers : —" (1) Yes. that the conductor should have seen that all passengers who wish'd to alight were clear of the car before starting. (2) That we have no conclusive proof that Mrs Kenny was stepping off or was thrown off by the movement of the car.” On objection being made that the second issue had not been answered, the foreman, in answer to a question by His' Honor, said:* “We are unable to say how the accident occurred.” On the motion for judgment the Court gave judgment in favor of the defendant corporation.

The plaintiffs now appeal on the ground that-plaintiffs were entitled to Judgment, or, alternatively, that a new trial bo ordered on the ground that the second finding of the jury’ is so defective that judgment cannot be given upon it. Mr Csllan and Mr Hay are 'ppearing for the appellants, Mr W. C. MacGregor and Mr Neave for the respondents.