Lewis v Stewart - [1934] NZLR s. 89

Negligence — Contributory Negligence — Trial Judge of Opinion that no Evidence of Last Opportunity by Defendant — Defendant relying on Defence of Ccmtributory Negligence simpliciter, not desiring Last Opportunity Issue requested by Plaintiff — Offer of Issue of Joint and Simultaneous Negligence refused by Both Parties — Issues of Jury of Negligence on Part of Plaintiff and on Part of Defendant only — No “substantial cause” Issue or “last opportunity” Direction — New Trial.