NEW TRIAL SOUGHT
MOTOR COLLISION CASE application dismissed JUDGE'S COMMENT ON LAW An application for a new trial of a claim for damages which followed a collision between two motor-cars in Kliyber Pass on February 11 of this year was heard before Mr. Justice Fair in the Supremo Court yesterday. The ground for the application was tlint tho jury's verdict was against the weight of evidence. The action, which was heard before .Mr. Justice Fair at the end of July, was brought by a motor mechanic, Harold David Lincoln, of Auckland (Mr. Jlaigh), against Peter McLean Kay, joiner, of Auckland (Mr. A. H. Johnstone, K.C., and Mr. A. C. Stevens). Plaintiff's allegations were that about 10.-15 on the night of February 11 defendant so negligently drove a motor-car that it collided with a motorcar driven by plaintiii. As a result of the collision plaintiii was seriously injured. lie claimed damages totalling £1677 1 (is t3d. The jury returned a verdict m favour oi plaintiff, who was awarded £-1(32 Us Gd damages. Mr. Finlay appeared in support of the motion for a new trial, Mr. Haigli opposing it. Alter hearing submissions by counsel, His Honor said he thought the application for a new trial must bo dismissed. "The law upon the point is well established," ho said. "A verdict will not be disturbed as being against the weight of evidence, unless it is one which the jury, viewing the whole of the evidence reasonably, could not properly have found." His Honor took the view that there was a body of evidence given on behalf of plaintiff, which the jury was entitled to accept and find that the defendant had in fact pushed his onr out into tlio path of plaintiff's vehicle. Plaintiff was awarded 10 guineas costs and disbursements. An application was mado by Mr. Finlay for a stay of execution on the judgment for Id'days. Counsel said he was acting on behalf of Mr. Johnstone, who had originally appeared for tho defendant and was now absent in Oisborne. If the application were granted Mr. Johnstone would be able to give the matter full consideration. Tho application was granted.
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Bibliographic details
New Zealand Herald, Volume LXXII, Issue 22202, 31 August 1935, Page 16
Word Count
358NEW TRIAL SOUGHT New Zealand Herald, Volume LXXII, Issue 22202, 31 August 1935, Page 16
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