SUPREME COURT.

Star (Christchurch), Issue 10450, 2 May 1912, Page 3

SUPREME COURT.

IN CHAMBERS.Thursdat, Mat 2. SCOTT v. LOUISSON,

At the Supreme Court this morning, the registrar, Mr W, A. Hawkins, read a judgment of his Honor Mr Justice Denniston, delivered at Wellington, in tho case of James Scott V. , Maurice Louis son, a claim to recover damages for personal injuries received by tho plaintiff through a collision between his cart and a motor-car, caused, as ho alleged, through the negligent driving of tho defendant. Mr Alpers appeared for the plaintiff, and with him Mr Greason. Mr Raymond appeared for , the defendant, and with mm Mr Cassidy. The case had arisen out of a collision between the plaintiff's cart and the car of defendant, who is a medical practitioner, plaintiff's knee-cap. having been broken. The action had been tried in November, 1911, when a verdict was returned for plaintiff for £l6O. The defendant had moved for a nonsuit, on the ground that'there had been no evidence of negligence to go to the jury, and the motion had been argifed on February _ 21, 1912. The facts relied on J)y plaintiff were excessive speed, omission to sound, the horn and not having the car under sufficient control. In delivering judgment, tho Judge said, that the main facts were not in dispute. The plaintiff admitted that at the time of tho collision he declared that the defendant was not to blame. But lie was merely asked to nonsuit on the ground that there had. not been sufficient evidence to go to the jury. Ho considered that he would be usurping tho functions of the jury if he entered a verdict for the defendant. The motion for -a nonsuit was accordingly refuse*!, and judgment was entered for the plaintiff with costs on the lowest scale. PROBATE. The following motions for probate were granted: —R« William Honna, (Mr Free); re Miohael M'Cormiok (Mr Perry); re James Proud foot (Mr Raymond); re Margaret "White (Mr Middleton); re William Toon (Mr Salter) ; re Sarah E. Anderton (Mr Brown); ro George. V. I). Butts (Mr Raymond). In the case of Thomas Ryan (Mr Malley), letters of administration were granted with one security of £SO. A motion to confirm the registrar's report in the case of William Chrystall (Mr Harper) was approved. A motion for executor's commission in the case of William Brown (Mr Buchanan) was referred to the registrar to report.