LOSS OF A LEG

Otago Daily Times, Issue 23885, 12 August 1939, Page 14

LOSS OF A LEG

CLAIM FOR DAMAGES RIGHTS OF A JURY STATEMENT BY CHIEF JUSTICE (Per United Press Association) WELLINGTON, Aug. 11. “ It is always competent for a jury if it thinks on plaintiff’s case that it cannot find for plaintiff to stop the case if it so wishes,” said the Chief Justice (Sir Michael Myers) in the Supreme Court to-day after Mr G. G. G. Watson had moved for a nonsuit in a case in which Horace Edward Phillips, a salesman, ol Roseneath, proceeded against Donald Smith and Smith and Smith, Ltd., oil and colour merchants, Wellington, for £IBO special and £I7OO general damages. The plaintiff lost his right leg below the knee after an injury suffered when a motor cycle he was riding collided with a car driven by Smith on the main road at Otaki on January 23. The plaintiff was returning to Wellington from a religious gathering and drew out to pass a railway bus :n which the passengers were people returning from the same gathering. He then struck the defendant’s car, which was coming from the opposite direction. Mr Watson moved for a nonsuit at the conclusion of the evidence for plaintiff. The Chief Justice overruled the application provisionally. After hearing Mr Watson’s opening, the foreman of the jury said his fellow jurors would like to hear the defendant’s witnesses. The defendant said in evidence that the plaintiff was a former employee of his firm. After the accident tlig plaintiff told him not to worry as it was his (the plaintiff’s) fault. At the hospital the plaintiff again said the same thing. The case will be continued tomorrow.