NEW TRIAL SOUGHT

New Zealand Times, Volume L, Issue 11649, 13 October 1923, Page 6

NEW TRIAL SOUGHT

ACCIDENT WITH DECRIGK MATTER BEFORE APPEAL COURT, In th© Court of Appeal yesterday, John Alexander Holloway appealed from an order made by Mr Justice Salmond on September Ist, setting aside the verdict in a jury case and judgment entered, and ordering a new trial on the ground that the verdict was against the weight of evidence. It was submitted that the judge’s order was erroneous in its finding of fart and its determination of law. Mr li. H. Cornish appeared for the appellant. The respondent was a building contractor, named Cliarlefl Richard Lamb, represented by Mi P. H. Putnam. The facts of the case were that on October 10th of last year, Holloway was employed as a builder’s labourer in connection with the erection of a building in Holland street, Wellington. It was suggested by his counsel that by reason of “the improper and negligent manner” in which a derrick had been fastened down, be had met with an accident with serious con sequences. . In the Supreme Court he claimed the sum of £750 as damages. Th© respondent denied the allegations of th« appellant, but admitted certain liability under the Workers’ Compensation Act, and had made certain weekly payments as compensation. The action came to trial on August oth and 10th of the present year before Mr Justice Salmond and a juiy of twelve. Th© jury found for the plaintiff, and awarded him £450, less the amount already paid to him. It was adjudged that he should receive the sum of £3OO with costs from the defendant.

Mr Put mar. then moved for a new ti ial on th© ground that the verdict was against the weignt of evidence. This was granted in. due course by Mr Justice Salmond, who made an order accordingly. Argument was not concluded when the court adjourned yesterday afternoon.