COURT OF APPEAL

Southland Times, Issue 16786, 14 July 1911, Page 7

COURT OF APPEAL

A DUNEDIN CASE. (P«r United Press Association.) WELLINGTON, July 13. The Court of Appeal, consisting of Stout, Chief Justice, and Dennlston, Edwards, and Chapman. Justices, sat to hear the Dunedin Appeal case Samson v. Aitcheson. The appeal is from the judgment of Williams, Judge. The facts of the case were shortly as follows: —The appellant, Samson, was the owner of a motor car, and was negotiating for its sale to a widow, but had arrived at no final agreement for sale. The intending purchaser and her son wished for a trial before purchasing. This trial was arranged for, and while the son was trying the car the respondent (plaintiff in the Court below) who was riding a bicycle was run over and injured. Evidence was given, though denied by the appellant, that the the appellant, who was in the car, had given her son instructions in the management of the car; but there was no suggestion that the accident happened in consequence of any direction given by appellant. On trial in the Supreme Court, His Honour directed the jury that appellant was liable if the jury found that the driver of the motor car was negligent. The jury found negligence and assessed damages at £750. On this verdict defendant moved for judgment upon the grounds that upon the evidence he was entitled to judgment; that he was not answerable for the negligence of the driver, and that there was no negligence. He also moved for a new trial upon the grounds that the Judge had misdirected the jury by informing them that appellant was liable for the driver’s negligence; that the verdict was against the weight of evidence, and that the damages were excessive. This motion was dismissed by Mr Justice Williams, and from this decision the present appeal is brought, the grounds being that the judgment was wrong in fact and lav'-. The same questions will be argued as in the Court below. Mr A. S. Adams and Mr Hay, both of Dunedin, appear for the appellant; Mr Martin Chapman, ICC., and Mr Hanlon (Dunedin) appear for the respondent.