Judgment Reserved In Kaikohe Case Retrial Motion

Northern Advocate, 13 May 1939, Page 6

Judgment Reserved In Kaikohe Case Retrial Motion

[Special to “Northern Advocate' : ] AUCKLAND, This Day.

After three days, the hearing of argument on a motion for a new trial was concluded in the Supreme Qourt yesterday. The case was one in which Mrs Mary Ann White, of Kaikohe, claimed £3017 damages from the Northern Publishing Company, Ltd., Whangarei.

The claim arose out of the death of the plaintiff’s husband, Henry William White, following an accident at Waimate North on February 16, 1938, when he was driving a ’bus owned by the company. In March last, a jury awarded plaintiff £2717. Mr W. C. Wylie, of Kaikohe, continuing his argument, submitted that the collision with the bank was due to the state of the ’bus, and not to the efforts made by White to avoid a cyclist. The ’bus was still in an unsatisfactory condition when produced at the court last March, and that was confirmed by the jury’s rider. The law was that a company was liable in respect of wrongs committed in the course of ultra vires undertakings, provided the directors had authorised the undertakings. At the close of Ihc hearing yesterday, Mr Justice Gallon complimented counsel on the manner in which they had presented their arguments, and reserved his decision.

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