VERDICT REJECTED.

New Zealand Herald, Volume LXIX, Issue 21100, 6 February 1932, Page 12

VERDICT REJECTED.

JUDGE OVER-RULES JURY. DISREGARD OF DIRECTION. a A NEW TRIAL POSSIBLE. [r.Y TELEUII.API!. — PItKSS ASSOCIATION.] WELLINGTON, Friday. After a fairly long hearing, the Supreme Court claim for £2OOO, brought against a taxi proprietor, Timothy Sullivan, by Emmie Cavell, widow of James Alexander Cavell, who died from injuries received in a collision between a bicycle and a taxi, is not yet decided. The Chief Justice, Sir Michael Myers, ill summing up, emphasised (bat, in addition to the responsibility on the driver of the cab, it was the duty of the cyclist ill crossing an intersection to take special cure. He submitted long issues to the jury to determine whether tho motor driver was negligent, whether the cyclist was negligent, whether, in the event of bojh having been negligent, either could subsequently have avoided the accident by the exercise of reasonable care, nud what damages, if any, should be fixed. When tho jury returned with replies, His Honor pointed out that it. had not answered the second issue and thus had not disposed of the defence. He instructed the jury to retire again. When the jury returned a second time it submitted the answer "yes" to the first issue, "no" to the second, no answer to the third, and against the fourth issue it had placed £IOOO damages. Counsel for the plaintiff moved for judgment. His Honor said ho did not intend to enter judgment, and told counsel for defendant ho had better file a formal motion for a nonsuit or judgment, or, alternatively, for a new trial, lho question of a nonsuit was specially reserved. His Honor said tho jury obviously had disregarded the direction ho had been at pains to mako clear to it.