COURT OF APPEAL

Evening Star, Issue 23372, 15 September 1939, Page 8

COURT OF APPEAL

MOTOR ACCIDENT CASE [Per United Press Association.] WELLINGTON, September 15. The Court of Appeal is hearing an appeal brought by Ronald George Orr, of Auckland, the respondent being William Anceli Reynolds. The case arose from an action heard on June 10 last, in which Reynolds claimed £640 damages against Orr for injuries received in a collision between his motor cycle and a stationary motor car on February 22, 1938.’ Reynolds contended that this collision was due t > the negligent driving of Orr, who drove another motor car on to the road out of a side road as Reynolds approached the intersection, causing him to swerve and strike tho stationary vehicle. The jury then awarded Reynolds £567 damages. Orr then applied to the trial judge (Mr Justice Fair) for judgment for a nonsuit against 'Reynolds, or for a new trial on the grounds that the verdict was against the weight of the evidence, and that the judge had misdirected the jury in summing up. This application was refused on. Juno 14, and judgment entered in accordance with the verdict. To-day’s appeal is from Mr Justice Fair’s refusal to grant judgment' for the defendant, a non-suit, or a new trial.

Mr F. L. G. West, of Auckland, is appearing for Orr, and Mr F. C. Jordan for respondent. The Chief Justice, Sir M. Myers, and Mr Justice Smith and Mr Justice Johnston are on the Bench.