APPEAL COURT.

Taranaki Daily News, Volume LIV, Issue 247, 18 April 1912, Page 8

APPEAL COURT.

JUnCiM'EXT RESERVED. By Telegraph—Press Association. Wellington, Yesterday. The Appeal Court reserved judgment in the appeal case Schmidt and Belishaw v. Greenwood. A TRAMWAY CASE. Wellington, Last Night. The Court of Appeal, after the luncheon adjournment, couimeuced the hearing of the case of King v. the Auckland Electric Tramway Company, Ltd., an appeal from the judgment of Mr. Justice Edward* in non-suiting appellant in an action against the respondent company for negligence. The appellant, Mrs. King, is a nurse residing with her husband, the other appellant, in Auckland. On May 30, 10.11, the appellant, Mrs. King, was crossing respondent's tramline 1 at or near an intersection of the new North road with Rose street, in the Eden Terrace road district, when she was run into by a tram-car. Appellants allege ('negligence in the management ,of "the tram-car, and claim £SOO damages in respect thereof. At the trial I in Auckland, in November last, Mr. Justice Edwards, on the motion of counsel for the defendant, withdrew the case from the jury and non-suited the plaintiffs, on the ground that there was no evidence of negligence to go to the jury. Mr. R. If. Richmond, of Auckland, appears for appellants, and Mr. J. R. Reed, of Auckland, appears for the respondent company. Mr. Richmond stated that the matters to be relied on as constituting negligence were the excessive speed of the tram-car, the failure of those in charge of the tram-car lo keep a lookout, and the failure to sound a warning. He then proceeded to analyse the evidence. Argument had ,not concluded when the Court rose.