COURT OF APPEAL.

Gisborne Times, Volume XXIX, Issue 3269, 14 July 1911, Page 3

COURT OF APPEAL.

THE MASSEY LIBEL ACTION

[PER PRESS ASSOCIATION.!

WELLINGTON, July 13 In the Appeal Court, in the Massey v. Times case, Mr Solomon said that the evidence of what was said in tlie debate in the House was part of the surrounding circumstances, and therefore 1 admissible. Even if the evidence were not admissible, appellant had not proved its admission had done him an injustice. The question of a libel or no libel was pre-eminently one for a jury, and their verdict could! not be set aside unless there was no possible ground upon which they could come to the conclusion that the did come to. A MOTOR CAR CASE. The Court then commenced the hearing of the case of Samson v. Aitheson, an appeal from the judgment of Mr. Justice Williams.. Tlie facts are, shortly, that the appellant Samson was the owner of a motor-cai’, and was negotiating for its sale to a widow, but had arrived _ at final agreement for the sale. The intending purchaser and her son wished 1 for a trial before purchasing. A trial was arranged, and while the son, was driving the car, the respondent (plaintiff in Court below) who was riding a bicycle, was .run over and injured. The evidence given in the Court below (though denied by appellant) was that the appellant, who was in the car, gave the son instructions l in the management of the car.

.In tlie Supreme Court the judge directed the jury that the anoellant was liable if the jury found the driver (the son) was negligent. The jury found negligence, and assessed the damages at £750. On this verdict Samson moved for judgment on the grounds that- upon the evidence he was entitled to judgment. He also moved for a new trial on the grounds that the judge misdirected the jury. This motion was dismissed by Mr. Justice Williams, and from this decision the present appeal was brought. Messrs Adams and Hay, of Dunedin, appear for the appellant, and Mr. Chapman, K.C., and Mr. Hanlon for the respondent.