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Court of Appeal Wellington
15 March; 27 April 1956
Barrowclough CJ Gresson J Shorland J
15 March; 27 April 1956
Barrowclough CJ Gresson J Shorland J
Practice — Trial by Jury — Verdict — Jury's Verdict for Defendant set aside and Judgment for Plaintiff entered — Verdict One which Jury could properly find — Judgment for Defendant restored — Code of Civil Procedure, R 286.
Negligence — Res Ipsa Loquitur — Affirmative Proof by Defendant of Exercise of Reasonable Care and that Cause of Accident not due to His Negligence — Burden of Disproof continuing throughout Proceedings.