Ryan v Shaw Savill and Albion Company Limited - [1951] NZLR 229

Practice — New Trial — Motion for New Trial on Ground of Misdirection — Necessity for Notice in Writing stating How and in What Manner Jury misdirected — New Trial not to be granted in Absence of Statement of Ground for Motion — Code of Civil Procedure, R 284.

Practice — Trial — Direction — Action against Employer based on Negligence — Waterside Worker slipping on Piece of Fat thrown to Sea-gulls — Whether Employer responsible for Throwing of Fat not Question to be left to Jury — Question of Fact whether Employer as Active as might reasonably be expected in seeking to prevent Presence of Fat on Wharf on which Work being done — Such Question withheld from Jury — Misdirection amounting to Miscarriage — New Trial.