COURT OF APPEAL.

Manawatu Standard, Volume LV, Issue 255, 25 September 1935, Page 7

COURT OF APPEAL.

NEW TRIAL SOUGHT. Per Press Association. WELLINGTON, Sept. 25. The Appeal Court to-day is hearing an appeal against the judgment of Mr Justice Johnston in dismissing an application for a new trial in the case of Mrs Ereda Hill, of Fail-down, a widow, and Shaw's Taxi Service, Ltd., Thomas Patrick Shaw, of Westport, a taxi driver, and Thomas Shaw, of the same place, an electrician. Mrs Hill brought an action against the Shaws for damages as a result of the death of her husband, which occurred after a collision between the motor-cycle he was riding and a taxi driven by Thomas Patrick Shaw, and was awarded £1750 damages by the jury. An application was made to the trial” Judge (Mr Justice Johnston) for a new trial on the grounds that the finding of the jury was so defective that the Court could not give judgment upon it, that it was against the weight of evidence, and that the damages were excessive, but Mr Justice Johnston expressed the opinion that the jury were entitled to find that plaintiff’s loss was occasioned through the negligence of defendants, and that the jury’s assessment of damages ought not to be set aside.