JUDGMENT FOR PLAINTIFF

Poverty Bay Herald, Volume LXVI, Issue 19882, 8 March 1939, Page 4

JUDGMENT FOR PLAINTIFF

£514 DAMAGES ALLOWED

ORMOND ROAD COLLISION

APPLICATIONS DISMISSED

Judgment for plaintiff and damages amounting to £514 4s were awarded this morning in the Supreme Court by Mr. Justice Northcroft •in the case in which Frederick Leonard Wallace, infant son of George Scott Wallace (Mr. D. E. Chrisp), claimed £960 8s damages from Graham Bloomfield (Mr. J. S. Wauchop) arising out of injuries received in a collision (between two motor-cycles on the back Ormond road on February 19, 1938. The defendant was also ordered to pay costs. The case was completed yesterday afternoon, when the jury returned a verdict that it considered Larry McMahon, agent for Bloomfield, negligent in failing to give the correct signal, and cutting the corner. It assessed the general damages at £375, and was of the opinion that there was no negligence on the part of Wallace. Counsel had stated previously that the amount of the special damages, £139 4s, had been agreed upon. An application for judgment was made by Mr. Chrisp, and Mr. Wauchop applied for a non-suit, the case being adjourned until this morning.

Motions for Non-Suit and New Trial

After hearing the arguments put forward this morning by Mr. Wauchop in favour of his motion, His Honour dismissed the application for a non-suit on the grounds that there was no evidence of negligence on the part of McMahon, His Honour holding that there was certainly some evidence, the plaintiff saying quite positively that the defendant turned suddenly without giving any indication. The value of the statement was a matter for the jury and it was quite entitled to believe the plaintiff’s story.

His Honour also dismissed an application for a new trial on the grounds that the verdict was against the weight of evidence. Explaining his decision, he said that the two motor-cyclists were in company and on a common journey, having previously discussed the route. That fact disentitled McMahon to turn to the right without making perfectly clear what ho intended to do. He considered there was nothing whatever to justify the claim that the jury had returned its verdict against the weight of evidence.