WL J. Green, Gort, Print, Melb. Ao se Vien C7 IN THE HIGH COURT OF AUSTRALIA. Keble Cle REASONS FOR JUDGMENT. Judgment delivered at Loe of t a IN THE HIGH COURT OF AUSTRALIA) ) No. 19 of 1941. NEW SOUTH WALES REGISTRY ) ON APPEAL from the Supreme Court of New South Wales BETWEEN: ELEANOR SUSANAH TROMPP (Plaintiff) Appellant AND: THOMAS LIDDLE (Defendant) Respondent BEFORE : Their Honours the Acting Chief Justice Mr. Justice Starke, Mr. Justice McTiernan and Mr. Justice Williams. Wednesday the Sixth day of August in the Year of Our Lord One thousand nine hundred and fortyone. WHEREAS on the Fifteenth day of May one thousand nine hundred and forty one the abovenamed Appellant filed a Notice of Appeal to this Court from the whole of the judgment and order of the Full Court of the Supreme Court of New South Wales given and made on the First day of May one thousand nine hundred and forty one setting aside the verdict and judgment entered in favour of the abovenamed Appellant in Action No. 2325 of 1939 AND WHEREAS the Appeal came on to be heard before this Court this day WHEREUPON AND UPON READING the Transcript Record of the proceedings transmitted to this Court by the Prothonotary of the said Supreme Court AND UPON HEARING what was alleged by Mr. J.E. Cassidy of Kings Counsel, with whom was Mr. A.C. Wallace of Counsel on behalf of the Appellant and by Mr. W.W. Monahan of Kings Counsel with whom was Mr. L.C. Jordan of Counsel on behalf of the Respondent THIS COURT DOTH ORDER that this Appeal be and the same is hereby dismissed AND THIS COURT DOTH FURTHER ORDER that it be referred to the proper officerof this Court to tax and certify the costs of the Respondent of and incidental to this eal and that such costs when so taxed and to his IN THE HIGH COURT OF AUSTRALIA} NEW SOUTH WALES REGISTRY ) TROMP v. LIDDLE 6th. August 1941 Judgment of His Honour the Acting Chief Justice: In this case an action was brought under the Compensation to Relatives Act, New South Wales, in which the jury returned a verdict for the plaintiff. On motion by the defendant to the Full Court the judgment and verdict for the plaintiff were set aside and verdict and judgment entered for the defendant. This appeal is against the judgment and order of the Full Court. (i, Supreme bruh end Kes borg fhe argument centred on the question as to whether there was evidence fit to be left to the jury that the defendant was driving at an excessive or unreasonable speed. In spite of the earnest and able argument of Mr, Cassidy, I agree with the conclusion arrived at by the Full Court. Neither inference nor direct evidence showed that the defendant was travelling at an exeessive speed or that such excessive speed caused or contributed to the accident. In my opinion there was no evidence fit to be left to the jury and I think that the appeal should be dismissed. ORDER: APPEAL DISMISSED WITH COSTS