MOTOR COLLISION

Hawke's Bay Herald-Tribune, Issue 177, 13 August 1937, Page 3

MOTOR COLLISION

-Press Asaociatioxx.)

£1436 Damages Awarded To Cyclist DEFENCE TO APPEAL

(By Telegraph-

• INVERCARGILL, Last Night. A verdict for-plaintiff for £1436 7s 9d damages was returned by the jury in) the Supreme Court to-day in a civilian action by Maurice Clark Mander, flax- - cutter, against James Alfred Coveney, of Grove Bush, fanner, claiming £2940 * 8s 9d damages for alleged negligent; driving of a motor-car which came into'rcollision with a motor-cyele ridden by plaintifE on Kennington Grove Bush road on February 22, 1936. Judgment was entered in accordance ;with the verdict, but counsel for the jdefendant,' Mr. H. J. ■- Macalister, an'nounced that he would move for a new jtrial. He said that the only reasonable, jinference from the evidence was that jplaintiff was guilty of contributory negiligenee and was not entitled to judgSment. He further moved that the case !be withdrawn from the jury. Mr. Justice Kennedy said that he had' had ample opportunity to study the evidence and he was bound to say he had f ormed the opinion that there was . a case to go to a jury and according. to the "verdict judgment should be entered for plaiixtifE. Mr. Macalister said that on the jury's'answprs to the questions put to it there appeared to be ample grounds to move for a new trial and that^jvould be done in due course. _ His Honour said that there was sufficient evidence for plaintiff to go bc ire the jury. It was not a case in which ' itwas the duty of the judge to withdraw the case from the jury and nonsuit plaintiff or give judgment for defendant. Mr. Macalister 's motions would be entered for plaintiff for £1436 7s 9d damages with costs, witnesses' expenses and disbursements. % :