AN ACCIDENT CASE
NEW TRIAL ORDERED. By Telegraph—Press Association WELLINGTON, Ootober 27. In the case Bourke versus Jessop and another, heard by the Court of Appeal on October 2 and 3, the Court this morning delivered judgment allowing the appeal, and sending the case back to the Supreme Court for re-trial. The Chief Justice said the question as to where on the road the accident took place was most material, and that there had been no finding of the jury on that point, n—■ any determination by the trial Judge. In any event the findings of the jury were so defective and unsatisfactory that judgment could not be given on them, in his opinion, and therefore there had been a mis-trial, and the case should be sent down to the Supreme Court for a new trial. Other members of the Bench delivered judgment agreeing with the decision of the Chief Justice.
Costs £ls/16/- and printing expenses were ordered to be paid by the respondent.
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https://paperspast.natlib.govt.nz/newspapers/THD19331028.2.130
Bibliographic details
Timaru Herald, Volume CXXXVII, Issue 19632, 28 October 1933, Page 19
Word Count
164AN ACCIDENT CASE Timaru Herald, Volume CXXXVII, Issue 19632, 28 October 1933, Page 19
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