DISREGARDED

Rotorua Morning Post, Volume 1, Issue 141, 6 February 1932, Page 3

DISREGARDED

(Press Assn.-

JUDGE'S . DIRECTION - CHIEF JUSTICE. . REFUSES JUDGMENT IN DAMAGES CLAIM UNUSUAL SITUATION

— By Telegraph--Copyrlght.)

WELLiNGTOy, Fjciday. There was. au.,,up,us(ual dev.elop.menf . ip. , a. , Wellington Supreme Cburt action yesferday,- when his Hbn'pur, the- Chief, . Justice,. ,S'ir Michael. JVlyers, refused, tof enter judgment on gEounds-thaifcthe ^ury had disregarded his directions. After a fairly lengfhy Supreme ' Gourt hearing the claim . for,, £2000 damages- against a ; taxi-propr^etor, Timothy Sullivan, brought by Mrs.

Emmie Cavell, who- died fronj ipjuries received in a collision between . a .hicyple and a taxicab, is not yet decided. .: •..., . . . . , The.Chief Justice . (Sir M. Myers), in summing up emphasised in -addition to the responsibility on the driver of the cab -that it was the- duty .of a cyclist; in .crossjng an intersection to take special care. He . s.ubmjtted lengthy issues to the jury to determine (1) whether. the motor driver was negligent; (2) w;hether the , cyclist was negligent; (3) whether in .the event of both .having been negligent • either could subsequently have avoid-* ed the accidept by the exerciae . of reasonable care; an,d (4) what damages, if any, should be fixed. When the jury returned with its repljes Sir M. Myers pointed out that it had not answered the second issue, anjd thus had not disposed of the defence .and. he instructed the jury to retire again. . . . . When the jury returned the second time it submitted an answer "yes" to the first issue, and "no"- to the second issue, and no answer was given to the third issue, and against the fourth ;ssue it had placed. £1000 damages.? Counsel for plaintiff moved for judgment,. but Sir M-, Myers .said he did not intend.ta e.nter judgment and told cpunsel for .the defeudant that he had better file.a formal motion for a nonsuit or judgment, alternatively for a new trial. The question of a nonsuit was specially reserved. His Honour said he had explained the posit/'on to the jury but it obviously had disregarded the direction he had been at pains to make clear to it. - • « ••