The Appeal Court.

Feilding Star, Volume XVI, Issue 96, 17 October 1894, Page 2

The Appeal Court.

(Per Press Association). Wellington, October 16, In the Court of Appeal argument in the case of the New Zealand Railway Commissioners y. Trask was begun to* day, before their Honors Judges Richmond, Williams, Denniston, and Conolly. The appeal was from a judgment of Mr District Judge Kettle. The action is one in which respondent claimed damages for injuries caused to his horses vehicle and contents by collision with au engine on a private crossing over the Railway line, between Palmerston and Longburn. The jury found that the whistle on the engine was not sounded at a reasonable and proper time on approaching the crossing, and that this was one of the causes of the accident, and awarded £55 damages. Judgment was entered for plaintiff accordingly for that amount and costs, the Judge reserving leave to move for a nonsuit, or judgment for defendants, or a new trial. Defendants afterwards moved for a new trial, but the Judge held that the judgment for the plaintiff must stand. The appeal is from this decision, on the ground that there was no reasonable evidence of negligence and that the evidence showed contributory negligence. The case involves the question whether there is any duty to sound the whistle on the approach to a private crossing. Messrs Gully and Skerrett appear for the appellants, and Messrs Warburton and Hall for the respondents. This Day. The case was concluded to day, when judgment was reserved.