COURT OF APPEAL

Evening Star, Issue 23384, 29 September 1939, Page 12

COURT OF APPEAL

COLLISION DAMAGES CASE

(Ter United Press Association.] WELLINGTON, September 28. The Court of Appeal to-day commenced the hearing in the case of Biggs v. Woodhead. On October 13, 1938, a collision occurred between two cars near Okaiawa, in winch Susan Biggs, of. Hawera, a passenger in one of the cars, received serious injuries, which necessitated the amputation of an arm and an extensive skull operation. In April of this year she issued a writ claiming £5,062 damages from the driver of the other car, George Edward Woodhead, a truck driver, of Okaiawa. The case came on for hearing on May 25 of this vear at New Plymouth, before Mr Justice Ostler and a jury. The jury nave judgment in favour of the defendant. On Mar 31, Mr Justice Ostler heard an application by Biggs for an order for a new trial, based on the ground that during the previous trial /His Honour had misdirected the jury in his summing up. That application was refused and this afternoon in the Court of Appeal the hearing was commenced of an appeal from his refusal to grant a new trial. Mr J. Burns, of Hawera, is appearing for the appellant, and Mr L. M. Moss, of New Plymouth, for the respondent. The Chief .Justice (Sir Michael Mvers) and Mr Justice Smith. Mr Justice Fair, and Mr Justice Johnston are hearing the appeal. _ _ The court reserved its decision in the cas° Tauranga Electric Power Board v. Karora Kbhu and another. [The latter case arose from an award by a jury at Auckland in February last, when Karora Kohu and his wife obtained £SBO damages against the Tauranga Electric Power Board in respect of the death of their son, Niwhai Kohu, who was killed in a collision with a lorry owned by the board in June. 1938. After the verdict application was made by the board to Mr Justice Fair for an order nonsuiting the plaintiffs, or for a new trial on the grounds that the verdict was against the weight of evidence, and that the judge had misdirected the jury in summing up, and that the damages awarded were excessive. This application was dismissed hy Mr Justice Fair, and an order was made tor judgment in accordance' with the verdict of the jury. The appeal was against that order.]