NEW TRIAL SOUGHT

New Zealand Herald, Volume LXXVI, Issue 23343, 11 May 1939, Page 18

NEW TRIAL SOUGHT

BUS DRIVER'S DEATH £2717 DAMAGES AWARD CONTENTIONS BY COUNSEL A motion for a retrial was begun in the Supreme Court yesterday, before Mr. Justice Calkin, in the case in which Mrs. Mary Ann White (Mr. W. C. Wylie, of Jvaikohe) claimed £3017 damages from the Northern Publishing Company, Limited (Mr. V. R. Meredith and Mr. Trimmer). The action arose from the death of plaintiff's husband, Henry William White, following an accident at Waiinato North on February ]6, 19:18, while driving a bus owned by the company. After a trial in the Supreme Court in March lasting six days, the jury awarded plaintiff £2717. *

Moving yesterday for a new trial or, alternatively, for judgment for the defendant company, Mr. Meredith submitted that the findings of the jury on certain of tin issues put before it at the trial were against tho weight of evidence.

The whole basis of the claim, said Mr. Meredith, was that the accident was caused by one thing only, the deficiency of tho brakes of the vehicle. Consequently, to succeed plaintiff must prove that the brakes were defective, that the defect caused the accident and that the defect was caused through the negligence of the defendant company. He maintained it was clear from the evidence that any jury reasonably weighing the case must come to tho conclusion that any deficiency in the brakes was due to the negligence of deceased only. The hearing was adjourned until today.