Jury’s Verdict in Waiotira Case Upheld By Appeal Court

Northern Advocate, 31 July 1939, Page 8

Jury’s Verdict in Waiotira Case Upheld By Appeal Court

[Per Press Association. Copyright.l WELLINGTON, This Day

J>Y A MAJORITY, THE COURT OF APPEAL, DELIVERING JUDGMENT IN THE CASE OF STRAWBRIDGE VERSUS MASON, REFUSED A NONSUIT O RA NEW TRIAL AS SO TIGHT BY THE DEFENDANT, AND ORDERED JUDGMENT TO BE ENTERED FOR MRS STRAWBRIDGE FOR THE AMOUNT AWARDED BY THE JURY, £2600, WITH COSTS, IN THE SUPREME COURT.

■ The Court consisted of the Chief Justice. Sir Michael Myers, Mr Justice Fair, Mr Justice Johnstone, and Mr Justice Northcroft.

Mr Justice Blair dissented from the the Court.

conclusion ,of the other members of

Death of Husband

The case, which was heard before Mr Justice Callan and a jury, in the Supreme Court at Auckland, was a claim for £4014 by Flora Gladys Strawbridge, of Waiotira against Michael Mason, a Waiotira farmer, as damages in respect o f the death of plaintiff’s husband, Robert James Strawbridge.

Deceased was riding a motor-cycle on the Tauraroa-Waiotira highway on March 8, 1938, when he came into collision with an approaching motor car driven by defendant. Plaintiff claimed that the accident was due to defendant’s negligence, but this was denied by defendant, who alleged that deceased was gudly of contributory negligence. After a lengthy hearing, the jury traveleld from Auckland to Waiotira, to view the scene of the accident, and later awarded plaintiff and her children £2600.