MOTOR COLLISION CASE

Evening Star, Issue 22682, 23 June 1937, Page 8

MOTOR COLLISION CASE

HEARING BEFORE APPEAL CjOURT [Per United Press Association.] WELLINGTON, June 23. The Appeal Court to-day is hearing a case arising from an unsuccessful attempt by Peter Percy Hurlstone, of Auckland, a gardener, to set aside the judgment entered in pursuance of the jury’s verdict in a motor collision case in favour of Harold Oscar Steadman, also of Auckland, a collar maker. Hurlstone commenced an action in the Auckland Supremo Court claiming £552 is 6d special damages and £2,500 general damages suffered by him as the result of a collision between his motor cycle and tho respondent’s motor car, allegedly caused by the negligence of the respondent’s agent, John Heffernan. Hurlstone’s injuries included a fractured right leg and ankle. The jury found that there had been contributory negligence on both sides, and judgment was entered for the respondent. Hurlstono applied for a new trial on the ground that new evidence was available, but his application was refused. He then issued a writ against Steadman asking that the verdict and judgment be set aside, and alleging that Heffernan pushed the car back from the concrete strip to the_ bitumen, which constituted the main issue.

At the first hearing Hurlstohe alleged that fleffeman afterwards represented to two constables that tho position of the car on the bitumen was the point of the impact, this action being fraudulent. The second ground alleged that Hclfernaii and respondent’s wife, who were in the car at the time, committed perjury as to tho position of the car. Mr Justice Callan, who heard the latter action, entered judgment for the respondent on the second ground, and nonsuited the appellant on the first. Tho appellant is now appealing from ibis decision.- Legal argument is proceeding.