SUPREME COURT

New Zealand Times, Volume XLVI, Issue 10537, 13 March 1920, Page 6

SUPREME COURT

JUDGMENTS DELIVERED A .MAGISTRATE'S JUDGMENT UPHELD. Judgment was delivered in the StJ« preme Court by the Chief Justice (Sir Robert Stout) in the case in which J. A. Beattie, garage owner, appealed against a decision of Mr W. G. Riddell, S.M. In .the lower court Beattie. claimed £IOO damages from F. T. Moore, alleging that oil a dark night Beattie's motor-car collided with Moore’s motCrbus, which had been allowed to remain on the Hutt road. The magistrate decided in favour of the defendant, saying that if the plaintiff had been careful ho should have avoided the accident. His Honour said he did not think Mm magistrate’s judgment could be upset. Had Beattie been driving carefully and kept a good Took out, ha should have been able to avoid’ the collision.

The Chief Justice also gave his decision in the matter of an originating summons for an order interpreting the will of the late Thomas Grace, of Jprfstbourne,

The court was asked for an order interpreting the will, and determining the following question; Whether in the trusts declared in the will and in respect of the residuary estate of Thomas Grace, Lilian May Nicol, since deceased, in addition to .the one half share expressly given to her by the will, was entitled to a share in the remainder of the residuary estate as being one of the children of Charles Welby Jackson, who is named in the will ?

His Honour decided that ‘Mrs Nirol was entitled to one sixth share of the remainder