PETITION DISMISSED

New Zealand Herald, Volume LXXV, Issue 23009, 9 April 1938, Page 15

PETITION DISMISSED

PRIVY COUNCIL CASE AUCKLANDER'S APPLICATION LEAVE TO APPEAL REFUSED LONDON. ;April 7 In the Privy Council a petition for leave to appeal in the case from Auckland, Hurlstone v. Steadman, was dismissed. "" _ The lengthy and involved litigation referred to in the cablegram had its origin in a motor collision whi6h occurred at the corner of the Great South Road and Campbell- Auckland, 011 September 36, 1934. A motor-car owned by Harold Oscar Steadman and driven by John Heffernan came into collision with a motor-cycle ridden by Peter Percy Hurlstone, and as a result Hurlstone lost a leg. In February 1936 Hurlstone claimed in the Supreme Court £522 special and £2500 general damages for his injuries, but the jury found contributory negligence on the | part of both parties so that the plaintiff could not succeed. *

Mr. Noble appeared for the plaintiff and Mr. Goldstine for the defendant.

The next phase of the proceedings was an action commenced by Hurlstone to have the verdict set ou the ground that it had been 'obtained by fraud and perjury on the Heffernan. It was alleged that Heff&Jman had pushed the car back off the concrete strip, and afterward represented to the i police that it had not been moved sinca the accident. Mr. Justice Callan reserved decision, and after a further hearing non-suited the plaintiff. ~ . The matter was carried to theJCourt of Appeal, which i dismissed* 'the trppeal in a judgment from which Sir; Justice Ostler dissented. A petition \vas -then made to the Privy Council for leave for Hurlstone to appeal to it in forma pauperis.