SUPREME COURT.

Lyttelton Times, Volume CXXIII, Issue 15919, 3 May 1912, Page 9

SUPREME COURT.

IN CHAMBERS.'Thursday, May 2. SCOTT v. LOUISSON

.At the Supreme Court yesterday, j the registrar, Mr W. A. Hawkins, read a judgment of his Honor Mr .Justice Denniston, delivered at Wellington, in the case of James Scott v. Maurice Louisson, a claim to recover damages for personal injuries received by the plaintiff through a collision between his cart and a motor-car, caused, as he alleged, through the negligent driving of the defendant. Mr Alpers appeared for the plaintiff, with him Mr Gresson. Mr Ravmond appeared for the defendant, with him Air Cassidy. The case had arisen out of a collision be-"-tween tho plaintiff's cart and the car of defendant, who is a medical practitioner, plaintiff's knee-cap having been broken. The action had been tried in November, 1911, when a verdict was returned for plaintiff for £l5O. The defendant had moved lor a nonsuit, on the ground that there had been no evidence of negligence to go to the jury, and the motion had been argued on February 21, 1912. The facts relied on by plaintiff were excessive speed, omission to sound the horn and not having the car under sufficient control.. In delivering judgment his Honor said that the main facts were not in dispute. The plaintiff admitted that at the time of the collision : he declared that the defendant was not to blame. But he was merely asked to nonsuit on the ground that there had not been sufficient evidence to go to the jury. Ho considered that he would bo usurping the functions of the jury if ho entered a verdict for tho defendant. The motion for a nonsuit was accordingly refused, and judgment was entered for the plaintiff with costs on the lowest scale.

PROBATE. Motions for probate of the wills of the following deceased persons wera granted :—William Hanna (Mr Free); Michael M'Cormick (Mr Perry), James Proudfoot (Mr Ravmond). Margaret White (Mr Middleton), William Toon (Mr Salter), Sarah E. Anderton (Mr Brown), George V. D. Butts (Mr Raymond). lii the ease of Thomas Ryan (Sir Malley). letters of administration were granted with one security of •£SO. A motion to confirm the registrar's report in the case of William Chrystall (Mr'Harper) was approved. A motion for executor's commission in tho case of William Brown (Mr Buchanan) was referred to the registrar to report.