WAS THE JURY RIGHT?

Taranaki Daily News, 8 November 1935, Page 11

WAS THE JURY RIGHT?

VERDICT ON THE CARLYON CLAIM;, ARGUMENT ON NON-SUIT POINTS. ,’ \ ;/' '"I I judgment for non-suit or judgment for ■•.s' tjie defendant was sought in the Supreme'' / Court yesterday by Mr. R. H. t Quilliam • !// when he argued against the verdict , of the. jury in qwar'ding \£2500, the/ full amount claimed, to Mrs. Margaret Laura / Carly on, who had x taken action fpr.Rhm- . // ages .against David Vincent Roguski for //>■<' the death of her husband, Stanley Carlyon- - ' ; \ Carly on died as the. result of injuries received on April) 28 at 1.30-a.m/when, . .// his motor-cycle collided- in St; Aubyn // Street, New Plymouth,- w}th : Roguski’s.// motor lorry, which was/parked uplight- ♦ ed and unattended at an . angle to , the footpath. At the last Taranaki 'session' .< /< of the Court Roguski was acquitted on a charge of manslaughter. •, * It was on Wednesday after/the return of the jury that Mr* Quilliam asked for a delay of judgment pending his argu- '//■"' ment foj non-kuit on the grounds thj?o/ the oniy 1 inference.to be drawn, from th? v? evidence in law was that Carlyon was. guilty' of contributory' negligence that either Carly on was driving at an ex- ' ♦ ..• cessive speed or. that, he. failed, to. keep ; a proper lookout. Mr. Quilliam elabor-./. ,/■ ated these points yesterday. He submit- : . ted that on the evidence Carlyoh must have been guilty of Contributory negli- / gence. The. only, inference, that, could ..' "./) be drawn from tne evidence was that he ; should have avoided the. consequences of . . the accident. / . ’ ■ ' ... After Mr. A. A. Bednet-had repliedfor///./ Mrs. Carlyon Mr. Justice Reed intimated i - .p that he would consider’the. matter,