DECISION REVERSED

Hokitika Guardian, 10 June 1932, Page 6

DECISION REVERSED

BY PRIVY COUNCIL. DAMAGES CLAIM, (by Telegraph —Per Press Association , WANGANUI, June 10. One of the most important decisions ever received in New Zealand was conveyed by cable this morning to a local solicitor in tlie (protracted litigation Benson v. Kwong Chong case, that the Privy Council had) ipnanimousiy reversed, and, trenchantly reviewed the judgment of the New Zealand Court ol Appeal. The appellant, Benson, was awarded the amount claimed and costs. An accident happened to Benson in April 192.9, through a motor cycle collision with Chong’s lorry driven by the latter’s spn who was under the age of 15, and had obtained a license. The action bad been three times before a jury. On the first occasion they were unable to agree, on the second, a verdict in favour of plaintiff was set aside by the Judge as being perverse. Oil the third occasion, the jury having given their answers to specific questions, plaintiff and defendant moved for judgment on those answers, defendant asking in the alternative for a new trial. The motions were by consent removed into the Court of Appeal and the latter were unanimously of opinion that judgment should be for the defendant. >

Benson’-s counsel followed the matter up and obtained leave to.appeal to the Privy Council in forma pauperis. This appeal was heard in April last.