APPEAL REFUSED

Hokitika Guardian, 10 September 1937, Page 6

APPEAL REFUSED

SOUTH WESTLAND CASE

(Per Press Association-Copyright).

CHRISTCHURCH, September 10. “Although my opinion differs from that of the jury, I am unable to hold there was any such unreasonableness or perversity in the verdict as would justify its being set aside because it was against the weight of evidence,” ■said J ustice Northcrof't this morning, when giving judgment for £1124 in an accident claim, plaintiff being Corry Robert Coulson, of Greymouth, and defendant William Smith of South Westland, farmer.

The accident occurred on a country road. Plaintiff was riding a motor cycle and encountered defendant’s car after it had been hacked on to f.he road from a farm entrance. Plaintiff claimed the car blocked the road and confused him as to the best course to adopt. Defendant claimed he saw the motor cycle and backed onto the road and then stopped, allowing room for the motor cycle, but that plaintiff swerved off the road into the farm entrance and though he dkl not touch the car at all he was thrown off the motor cycle by the rough ground. “Plaintiff,” said his Honour, “was not supported by witnesses, whereas the defendant had a number of witnesses who appeared to be worthy of belief. The jury, however, had preferred the statement of plaintiff to those of the defendant and his witnesses, and I am not disposed to say they were not entitled to do so. The jury found there was no contributory negligence on the part of plaintiff, and that defendant was negligent.” Defendant had moved that judgment should be given in his favour, that a non-suit should be entered, or that a new trial should he ordered oil the grounds that the verdict was against the weight of evidence.