APPEAL COURT

Evening Star, Issue 22683, 24 June 1937, Page 7

APPEAL COURT

MOTORING ACCIDENT CASE fPw TTvitd Fuu Amooiitmk.l WELLINGTON, June 24. 'Another case arising from a motor accident is occupying the attention of the Court of Appeal to-day. In December, William Guntrip, of Wellington, insurance agent, proceeded in the Palmerston North Supreme Court against Alfred George Cawood, of Palmerston North, taxi proprietor, for £326 14s 6d special damages and £I,OOO general damages, for injuries sustained in a collision with respondent’s motor 'car while appellant was crossing Rangitikei street, Palmerston North. Appellant alleged that respondent’s agent, the driver of the car, failed to keep a proper look-out, failed to give warning of the approach of his vehicle, or to stop, slow down, or steer clear of appellant. The defence was a general denial of these allegations, with the further or alternative defence, among others, that appellant by his own negligence contributed to the collision.

At the hearing of the trial before Mr Justice Ostler and a jury, respondent, at> the close of appellant’s case, moved for judgment on a nonsuit, and His Honour, after argument, withdrew the case from the jury and entered judgment for respondent. The appeal from this judgment is now being heard. It is contended by counsel for the appellant that there was no evidence of negligence on the part of respondent, and even if there was, the only rational inference was that appellant was guilty of contributory negligence. The case is proceeding.