DAMAGES AWARDED

Nelson Evening Mail, Volume LXXI, 11 September 1937, Page 8

DAMAGES AWARDED

SEQUEL TO MOTOR ACCIDENT JUDGE AND. JURY DIFFER fff.v Telegraph Press Assnciuti'ml CHRISTCHURCH, 10th September. “Although my opinion differs from that of the jury I am unable to hold that there was any such unreasonableness or perversity in the verdict as would justify its being set aside because it was against the weight of evidence.” said Mr Justice Northcroft this morning when giving judgment for £1,124 in an accident claim, plaintiff being Corry Robert Coulson, of Greymouth, and defendant William Smith, of South Westland, a farmer. The accident occurred on a country road. Plaintiff was riding a motorcycle and encountered defendant’s car after it had been backed on to the road from the farm entrance. Plaintiff claimed that the car blocked the road and confused him as to the best course P adopt. Defendant claimed that he saw the motor-cycle and backed on to (he road, then stopped, allowing room for the motor-cycle, but that plaintiff swerved off the road into the farm entrance, and though he did not touch the car at all, he was thrown off the motorcycle to the rough ground. “Plaintiff,” said his Honour, “was not supported by witnesses, whereas defendant had a number of witnesses who appeared to be worthy of belief. The jury, however, has preferred the statements of plaintiff to those of defendant and his witnesses and I am not disposed to say that they were not entitled to do so. The jury found that there was no contributory negligence on the part of plaintiff and defendant was negligent.” Defendant had moved that judgment should be given in his favour, that no suit should be entered, or that a new trial should be ordered on the ground that the verdict was against the weight of evidence.