Motion For Retrial Of Action For Damages

Northern Advocate, 10 May 1939, Page 5

Motion For Retrial Of Action For Damages

C Special to “Northern Advocate ” 3 AUCKLAND, This Day. A motion for a retrial of the action for damages brought by Mary Ann White, of Kaikche, against the Northern Publishing Co., Ltd., in which plaintiff was awarded £2717 damages by a jury, came before Mr Justice Ccillan m the Supreme Court today. Mr Wylie, of Kaikohe, represented Mrs White, widow of a service car driver, whose death followed injuries in an accident to a bus he was driving near Kaikohe. Evidence was largely directed to thp state of the brakes on the bus, and to the driver’s responsibility for the condition of the brakes. The jury awarded the widow £2717 damages. Mr V. R. Meredith, with Mr R. K. Trimmer, appeared for the Northern Publishing Company to support the motion.

Mr Meredith said the application was based on a submission that the findings of the jury were against the weight of evidence to such extent as to make them perverse, and on legal submissions. It would be

| submitted, even if the findings on fact could be supported in respect to | the inefficiency of the brakes, and . that, therefore, there was a breach j of a statutory duty, that no right of i action would inure to represents--1 tivcs of the deceased, White. It would ( also be submitted that the running j of a service car was ultra vires the articles of association of the comi pany. and the company could not be

sued in tort in respect to an accident happening as the result of an act which was ultra vires. Counsel proceeded with a detailed review .of the depositions of evidence. (Proceeding.) ,v.