APPEAL CASE

Nelson Evening Mail, Volume LXIV, 4 August 1931, Page 4

APPEAL CASE

SUPREME COURT PROCEEDINGS ■' ' ' l : ’ ,~— ADJOURNED TO NEXT SESSION At the Supreme Court this morning before his Honour Mr Justice McGregor, an appeal case Mabel Ann Stewart (Mr IT. Cheek) v. Gorman’s, Ltd. (Mr C. R. Fell) came on for hearing. The appeal was one on law and fact from the Magistrate’s decision in the lower Court. Appellant (plaintiff in the lower Court) claimed damages from respondent (defendant in the lower Court) arising from a motor collision at the intersection of Aniseed Valley road and the main South road. In his decision the Magistrate found that defendant had committed a breach of the “off-side” rule, but found both parties negligent, and held that as negligence was practically contemporaneous the rule that a person was liable who had the last opportunity of avoiding an accident did not apply. Judgment was given for defendant, without costsWhen the appeal came on Mr Fell raised a preliminary point to the effect that the order for extending the time in which an appeal must be lodged was made 20 days after the time had expired. He submitted that the Magistrate had no power to extend the time after it had lapsed, and consequently the appeal could not go on. After some argument it was decided that the case should be adjourned until the next sitting of the Supreme Court at Nelson.