PRIVY COUNCIL APPEAR

Dominion, Volume 8, Issue 2504, 3 July 1915, Page 15

PRIVY COUNCIL APPEAR

: THE MARTON- CROSSING CASE.; By Telegraph—Press Association—Copyright Lgndori, July 1. in the New. Zealand case,, King v. the■ Judicial Committee of the Privy Council, judgment was reserved,. . * The New Zealand Court of Appeal on August 4 last, by a majority judgment decided that it could not ■ disturb the verdict of the twelve jurors, who in December last " unanimously awarded £2000 damages to Cathcrino Lena Broad, widow of tho late Edward William Broad, of Marton. The 'latter, ■while leaving Marton on a motor-cycle on April 16, .1913, collided with a train *at a level crossing ok. Wellington Road, and was .killed., The jury, .as above stated, awarded £2000 damages against tho Railway Department; and a motion by the Crown for judgment for tho defendant, or for a nonsuit, orfora'ncw .trial was removed into the Court of Appeal for argument. ' Mr. Justice Edwards, tho Chief Justice, Mr. Justice Cooper, and Mr. .Justice Stringer expressed 'tho'opinion''that the verdict of the jury was justified by tho ovidenco, and' should not be. disturbed. Mr. Justico Denniston dissented, ! considering that the verdict was against tho weight of evidence, and that judgment should have been entered for tho defendant. Tho Solicitor-General applied for and was granted leave to appeal to tho Privy, Council.