COLLISION CASE.

Star (Christchurch), Volume LXVI, Issue 20279, 13 April 1934, Page 4

COLLISION CASE.

New Trial Ordered by Appeal Court. Per Press Assocl-.'on. WELLINGTON, April 12. In the case ot Daniel Lewis, of Wellington, a draper, v. Robertson M’Gregor Stewart, of Wellington, picture theatre proprietor, the Court of Appeal held that there was evidence of a last opportunity and relating to a substantial cause of action which should have been left to the jury to decide the form of an issue. For that reason a new trial would be ordered with eighteen guineas costs in favour of Lewis. Mr Justice Blair dissented from the decision, holding that, in his opinion, there was no evidence which warranted f issue.being put to the jury. The case arose out of a motor collision, as a result of which Lewis claimed damages. Compensation Case. In the case of Mary Ellen Smillie v. the Rangitikei Co-operative Dairy Company (heard on March 22), the Court held that plaintiff Smillie could not succeed. The Chief Justice, Sir Michael Myers, delivering the Court’s judgment, said that in applying the test laid down by the House of Lords the substantial employment of deceased was not in manual labour, but in the management of defendant’s factory. For that reason, he was not a worker within the meaning of section 2 of the Workers’ Compensation Act. Judgment was given for defendant company with twenty-five guineas costs. Appellant’s husband died from injuries received in an accident at the factory, and she claimed compensation in the Lower Court. A Further Fixture. In the case of Linda Margaret Tremain v. the Public Trustee the Chief Justice stated that the Court desired further argument upon a certain point, and if an application were made a further fixture would be granted.