KAWARAU GORGE ACCIDENT

Press, Volume LXXIV, Issue 22518, 28 September 1938, Page 5

KAWARAU GORGE ACCIDENT

♦— —■ * DAMAGES AWARDED MOUNT COOK CO. APPEAL FROM SUPREME COURT JUDGMENT (PRESS ASSOCIATION WELLINGTON. September 27. , The Court of Appeal was engaged to-day in hearing an appeal from the judgment of Mr Justice Northcrbft in the motor-car accident case, J. B. Suisted and John Dickinson and Company, Ltd. (appellants), v. the Mount Cook and Southern Lakes. Tourist Company, Ltd., A. G; Wigley and H. H. Walker (respondents)’.' . In Mr Justice Northcroft’s judgment the respondents were the successful plaintiffs, and the appellants the defendants. Suisted, who is mariagerof Dickinson and Company, was driving the car at the time of the accident in the course of his employment. Wigley was: driving a service car for the Mount Cook Company, and Walker is attorney for Madame van Temmen, a

Dutch tourist, .-who-was a passenger the service car. *.<■'* t. The Mount . Cook Company sued; far the loss of the service car, and and; Madame van Temmen for inlurieL The total claim-was - £1201; The acc> dent took place in November, 1833.il the Kawarau Gorge, between; Ctobm well and Queenstown: ' Whenround! ing a bend, the appellant’s car andttid •service,, car- met, .the service car beina,. forced over the outside edge ofstha ’ road, with the result - that •it fellv.intM t the gorge. - .' - At the trial,-Mr . Justice Northcrotkl found that the service car’s speed way not excessive, and -that the appellant 1 *? car, being too far out toward* thel centre of the . road, was the . essential t cause of . the accident. Respondents ! obtained judgment for > total of £#s2. 1 Legal • argument ■ was . heard . to-day, and the Court adjourned.