Bennett v Edmonds - [1947] NZLR 716

Practice — Trial — Issues — Negligence — Both Parties in Collision found Guilty of Negligence — Jury's Answer to Third Issue that "each of them could by the exercising of reasonable care have avoided the result of the other man's negligence" — Whether Answer determined whose Negligence was Real Cause of Collision — Necessity of framing Issue with Reference to "last moment" at which Accident could have been avoided by Exercise of Reasonable Care — "Imminent" — New Trial limited to Question of Liability to Pay Assessed Damages — Code of Civil Procedure, R 176 (1).