NEW TRIAL ORDERED

Northern Advocate, 21 October 1935, Page 6

NEW TRIAL ORDERED

DECISION OF APPEAL COURT. [Per Press Association. — Copyright .] WELLINGTON, This Day. The Court of Appeal has delivered reserved judgment on an application heard by it on September 25 and 26 for a new trial in the action brought by Freda Hill, widow of Fairdown, against Shaw’s Taxi Service, Ltd., Thomas Patrick Shaw and Thomas Shaw, all of Westport, and heard before Mr Justice Johnston and a jury at Westport last February. A majority of the court —the Chief Justice, Sir Michael Myers, Mr Justice Reed and Mr Justice Fair—decided that a re-trial should be ordered, but confined to the question of the amount of the damages only. They held there was evidence to support the jury’s determination of liability, but there was no reasonable proportion between the amount of damages awarded and the pecuniary loss sustained by Mrs Hill. Mr Justice Smith, on the other hand, expressed the opinion that there should be a now trial of the whole action, on the ground that it was clear that the jury’s finding that Mrs Hill’s driver was not guilty of any negligence was against the weight of evidence. Judgment was entered in accordance with the view of the majority of the court.