LONG DRAWN OUT COURT CASE

Hawke's Bay Herald-Tribune, Issue 58, 24 March 1937, Page 5

LONG DRAWN OUT COURT CASE

-Press Aasoci&tion.)

Three Trials And Now an Appeal ROAD-ACCIDENT SEQUEL

(By Telegraph-

WELLINGTON, This day. Few cases in New Zealand history have had a longer or more intricate life than the action Gf Thomas^ Walton Robertson, of Wellington, linesman, against Ling Sing, merchant, of Greytown. A collision occurred at Snake Bend, on the Rimutaka Hill, on February 18, 1935, between Bobertson's motor cycle and a motor lorry belonging to Ling Sing. Bobertson was seriously injured and later filed a claim in the Supreme Court for damages, alleging negligence On the p&rt of the lorry driver. There have been three trials before a jury of that claim, At the first trial the jury failed to agree; another trial was ordered and at the seeond trial the jury found for the plaintiff, but the defendant then moved for judgment notwithstanding the jury's verdict, and, on this motion being moved for argument before a bench of six Judges of the Supreme Court, a further trial was ordered. At the third trial the jury again found for the plaintiff, awarding him £1463 damages. Plaintiff and defendant both moved for judgment and the matter was argued before the Chief Justiee, who' dismissed the contentions of the defendant and entered judgment in plaintiff 's favour in aceordance with the jury's verdict. From that judgment Ling Sing is appealing to the Court of Appeal, contending that either the judgment Bhould have been entered in his favour or a further trial ordered. When the case was called this morning Mr, W. E. Leioester, for the respondent, raised a preliminary objection to thq appeal being heard, submitting that it was out of time. (Pioceeding^.