APPEAL ALLOWED

Sun (Auckland), Volume II, Issue 401, 9 July 1928, Page 9

APPEAL ALLOWED

LOWER COURT’S ORDER SET ASIDE CLAIM FOR COMPENSATION Press Association WELLINGTON. To-day. In the case Thompson v. Leathart and another, Mr. Justice Sim, in the Court of Appeal this morning delivered judgment. Mr. Justice Sim found that the jury in the court below was entitled to find that neither party in the accident was negligent, and that the collision was unavoidable. The appeal was therefore allowed, and an order of the court below allowing a new trial against the .tppollant. Thompson, was set aside. Costs were allowed to appellant on the higher scale as from a distance. An action was brought in the court below by the respondents to recover «-om - pensation for the loss of their son, who was killed in a collision between two motor-cars, one of which was driven by appellant Thompson. The other. in which the respondent’s son was being carried, was driven by Fred L,ees-. Auckland. Lees was joined with Thompson as defendant In the court below. The action was tried before Mr. Justi. e Stringer and a jury of 12, who found that there had been no negligence on the part of either of the defendants, and that the accident was unavoidable. The re.s|»ondents then brought a motion for a newtrial. on the ground that the verdict of the jury Wfus against the weight of evidence, and an order for a new trial was made against the appellant Thompson, but not against Lees.