PLAINTIFF AWARDED DAMAGES

Southland Times, Issue 24681, 28 February 1942, Page 6

PLAINTIFF AWARDED DAMAGES

JUDGE DECLINES TO ENTER JUDGMENT A verdict for plaintiff for £415/4/in a motor collision claim was returned by the jury in the Supreme Court, last night. His Honour, Mr Justice Kennedy, declined to enter judgment in the terms of the verdict and said he would be prepared later to hear an}' motion for a non-suit or that the verdict was against the weight of evidence. James Alfred Cuttance, farmer, of Springhills, claimed £4OO general damages and £246/2/6 special damages from Ronald L. Kennedy, farmer, of Gladfield, for alleged negligent driving, thereby causing an accident, near the Settlers’ Bridge on the InvercargillBrowns highway. Mr B. W. Hewat appeared for the plaintiff and Mr S. M. Macalister for the defendant. The jury retired at 4.43 p.m. and returned at 7.30 o’clock with a verdict for the plaintiff. It found that the defendant had failed to keep to the correct side of the road and did not have his car under proper control. It awarded £250 general damages and £165 4/- special damages, a total of £415 4/-. In reply to a submission by Mr Macalister, his Honour said he would not enter judgment at that stage. He accepted a motion for judgment by Mr Hewat, but left the way open for an earlier motion by Mr Macalister for a non-suit or any motion that the verdict was against the weight of evidence.