ACTION FOR DAMAGES.

New Zealand Herald, Volume LXIII, Issue 19459, 15 October 1926, Page 15

ACTION FOR DAMAGES.

QUESTION OF NEW TRIAL. COURT DISMISSES APPEAL. [BT TELEGRAPH. PRKSS ASSOCIATION.] WELLINGTON, Thursday. A case before the Court of Appeal today was that of Raymond Collins Anthony Hickey against Joseph Bird, which first came before Mr. Justice Herdman in Auckland in May, 192.0. The facts of the case were that in June, 1925, appellant, who was riding on a motor-bicycle down Great South Road, Auckland, crashed into respondent's motor-car. and sustained considerable injuries. Appellant brought an action for damages against respondent in January, 1926. Evidence taken at the trial and questions were put to the jury whether appellant or respondent was guilty of negligence, to which the jury answered that both were, but. they were not equally to blame, and defendant's negligence was the decisive cause, of the accident. The jury awarded appellant £298 damages. Respondent then moved for a new trial on the ground that the verdict was against the weight of evidence. Mr. Justice Herdman granted an order for a new trial, and against this order appellant appealed, maintaining that the verdict was not against the weight of evidence, and there was no occasion for a new trial. The Court dismissed the appeal.