APPEAL COURT

Wairarapa Age, Volume XXXII, Issue 10611, 18 April 1912, Page 6

APPEAL COURT

(By Telegraph—Press Association.)

i WELLINGTON, Last Night. The. Court of Appeal, after the Rmdieon adjournment, commenced tllie hearing of the oase of the Jving I' and another versus the Auckland El-{ec-tric Tramway Co., Ltd., being an (appeal from.the judgment of Mr Ju's'tice Edwards, in non-suiting the ..ap<pelkth,te in. an action against the'' re £swnd.€i'ix 'Company for negligence. ' The appellant, Mrs King, is a nurse Teisiding' with her hushand, -and.-., the other appellant in Auckland. On 30th May, 1911, the appellant, Mrs King, was crossing respondents' tramline at or near the intersection of the Now North Road with.' Rose Street, in tlie Eden Terrace Rbad district, when &lie was run into by a tram car. Appellants allege negligence in the management of the tram-ear, and claim-£530 damages in respect thereof. At the trial in Auckland in November last, Mr Justice Edwards, on the .motion of counsel *ot defendant, withdrew the case from the jury, arid non-suited plaiatiffs, on the ground that there •was no evidence of negligence to go to the jury. GVIr H. P. Richimond, of Auckland, appears for dhe appellants, and"; Mr J. R. Reed, of Auckland, for the respondent Company. QVIr Richmond stated that the matters he relied on as* constituting -negligence .were:—l. Excessive speed of ithe tramcar. 2. i'ailure of tihese in charge, of the tram car to keep a look out. 3. Failure to sound a. warning. He .then proceeded to -analyse the evidence. Argument had not concluded when ithe Court rose. •