Court of Appeal Wellington
21, 22, 23 March; 27 April 1939
Myers CJ, Ostler J, Smith J, Fair J
21, 22, 23 March; 27 April 1939
Myers CJ, Ostler J, Smith J, Fair J
Negligence — Contributory Negligence — Last Opportunity — Issues — Pedestrian and Motorist — Two Issues as to whether Defendant and Plaintiff respectively guilty of "Negligence materially or directly contributing to the accident" — Third Issue as to whether Defendant had later Opportunity than Plaintiff of avoiding Accident — All answered "Yes" by Jury — Effect of Issues and Answers — Whether Evidence justified Third Issue.
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