Court of Appeal Wellington
16, 17 July; 12 September 1930
Myers CJ; Herdman J; Reed J; Adams J; Blair J
16, 17 July; 12 September 1930
Myers CJ; Herdman J; Reed J; Adams J; Blair J
Negligence — Contributory Negligence — Collision — Findings by Jury of Negligence on Defendant's Part in travelling at Excessive Speed and on Plaintiff's Part in attempting to cross Road, but that Defendant could have avoided Accident by Ordinary Care — Negligence of Plaintiff of Nature continuing up to Moment of Impact — Inconsistency of Finding that Defendant could have avoided Accident — Judgment entered for Defendant — Necessity for Issues in Collision Cases discussed — Form of Issues — Code of Civil Procedure — Rule 277 (a) — Motorvehicles Act, 1924 — Rules — New Zealand Gazette 1928, p 511, Rule 11 (13).
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