JURY'S AWARD STANDS

Hawke's Bay Herald-Tribune, Issue 202, 11 September 1937, Page 3

JURY'S AWARD STANDS

-Presa ABSOciation. )

Jndge Unwilling To Upset Verdict

MOTOR-ACCIDENT CLAIM

(By Telegrapb-

CHRISTCHURCH, Last Night. ! "Although my opinion differs from > that of the jury, I am unable to hold that there was any such unreasonableness or perversity in the verdict as would justify its being set asido because it was against the weight of evl- ; dence," said Mr. Justiee Northeroft ! this morning when giving judgment for i £1121 in an aecident claim. The plaintiff was Corry Robert Coul- , son, of Greymouth, and the defendant William Smith, - of South Westland^ farmer. The aecident oecurred on a country road. Plaintiff was riding a motorcycle and encountered the defendant car after it had been backed on to the road from a farm entrance. Plaintiff elaimed that the car blocked the ro'ad and eonfused him as to the best course to adopt. Defendant elaimed that he saw the motor-eycle and* backed on to the road. Ho then stopped, allowing room for the motor-cyele, but plaintiff j swervcd off tlie road into the far enj trance, and, though he did not touch the car at all, he was thrown off the motor-eycle by the rough ground. " Plaintiff, ' ' said his Honour, "was not supported by witnesses, whereas defendant had a number of witnesses who appeared to be Avorthy of belief. Tho jury, however, has preferred the statements of the plaintiff to those of tho defendant and his witnesses, and I am not disposed to say they were not entitled to do so. The jury found that there was no contributory negligence on the part of the plaintiff, and that the defendant was negligent. The defendant liad moved that judgment should be given in his favour. t.iat no suit should be entered, or that a new trial should be ordered 011 tho ground that the verdict was against the weight of evidence.