SUPREME COURT

Dominion, Volume 11, Issue 214, 29 May 1918, Page 8

SUPREME COURT

ROADMAN'S CLAIM FOR DAMAGES. ,In the Supreme Court .yesterday further evidence > was heard beforo His Honour Mr. Justice Edwards and a jury of twelve in tho civil action in which James Lynch, a corporation , roadman, for whom Mr. J. O'Shea appeared, proceeded against James Gibson to recover .£57!) damages for injuries alleged to have been received through being knocked over by defendant's motor-car. The action arose out of an accident on the Hutt; lioad. Mr. A. Dunn, in addressing the jury on behalf of defendant, said it was quite clear that tho affair was a. pure accident in which no blame could be attached to defendant. Plaintifl', lie submitted, failed to hear the warning

sound of the horn because of hie defective lioiii'intf. Defendant could not bo blamed for this. The jury after a retirement of 15 hours returned, aiul the foreman announced that they were unable to agree as a whole, but that three-fourths of them had arrived at a decision nnd they found for the plaintiff special damages as claimed <£7!1 Us. and general damages ono farthing. Doth counsel applied for leave to move for a new trial, and finally leave by consent was granted to either party to move for a new trial within U day?" and the motion for judgment was reserved.