Lord Roche:-

This is an appeal in forma pauperis by the appellant, the plaintiff in the action, from a judgment of the Court of Appeal of New Zealand whereby it was ordered that the action be remitted to the Supreme Court at Auckland for judgment to be entered for the respondent, the defendant in the action, with costs. The circumstances giving rise to this appeal were as follows: The appellant, just after midnight on 8th December 1935, was proceeding on his motor-cycle along a main road leading from Hamilton to Auckland and was riding on his proper side in the direction of Auckland. At this time the defendant's motor car had come to a standstill on the same side of the road facing in the same direction, that is to say, towards Auckland, showing no rear or other light. His lights had been switched off by the respondent whilst he was stopped. At the same time there was another motor car stationary in the roadway and showing lights. This car, whilst proceeding from Auckland towards Hamilton, had been hailed to stop by the defendant when his own car was stopped and the driver of this other car, a Mr. Singer, complied with the request so made and brought his car to rest on his side of t