LEAVE DECLINED

Hokitika Guardian, 21 March 1934, Page 2

LEAVE DECLINED

APPEAL AGAINST JUDGMENT. SEQUEL TO NAPIER ACCIDENT. (Per Press Association.—Copyright.) WELLINGTON, March 20. Application was made to the Court fif Appeal this morning by Richard Park, of Wellington salesman, for leave to appeal as a pauper from the judgment of Justice Blair, delivered in Wellington in September. Applicant, in a statement of claim, stated, that while ' crossing Marine Parade, Napier, ho was struck and injured by a car driven by Joseph L- G. Richards, of Wellington, engineer, and he claimed £3OO special damages, and £9OO general damages. The jury while holding both parties negligent, held that defendant, Richards, was the effective cause of the accident. Damages were assessed afc £BB4. Justice Blair gave judgment m favour of Richards, on' the ground that there was no evidence upon which the jury could hold one party more negligent than the other. Plaintiff applied for leave to appeal from this decision. Preliminary argument was heard upon the question as to whether the appeal had been brought within the requisite .time After considering the case, the Court held unanimously that the appeal should nob be allowed to proceed Giving judgment, the Chief Justice stated that any applicant who came to court after the time allowed for the appeal had expired, was asking for indulgence, and lie must show good grounds for his delay. Such grounds had not been proved, and the application would, therefore, have to be dismissed.