LIABILITY FOR DAMAGES

Chronicle (Levin), 15 June 1946, Page 3

LIABILITY FOR DAMAGES

- Press Association

CASE HEARD BY COURT OF APPEAL

By Telegraph-

WELLINGTON, Juiie 13. Tlie Court of Appeai to-duy is eugaged iu keariug an appeai brought by Eruest Jaiues Laue, of Cartertou. BeLtlcr, frorn tlie judgment of tlie Supreme Court at Palmerston Nortli in December last in ordering a uew tria) as to the questiou of liability, but not as to the amouiit of damages awarded iu the actiou brought by Lane agaiust Jam.es McKerehar McDonald, of Feilding, a dairy compauy uianager, claiming a total of £1380 5s Gd for damage . to Lane's racehorse, Comrade, whicli was iujured in a collision with McDonald 's motor-car in Feilding on . March 29, 1945. At the trial of the action in Palmerston North in November last the jury had found defendant negligent, and had awarded £875 general damages and £130 5s 6d special damages. Iu the samc sittings of the Supreme Court in an action brought by another owner, Michael Andrew Byan, against 11cDonald for the loss of Byan 's racehorse, Magic Chief, whicli at the time of thc accident was being ridden by an apprentice joekey, aged 17 years, who was leading the horse Comrade, the 'jury gave a unanimous verdict for the defendant, McDonald, and lield negli.gence had not been proved against him. The Supreme Court dismissed a motiou by Byau for a nevv trial, but ordered a new trial ou the question of liability only in Lane's case. Lane has now appealed agaiust this decision, and McDonald has cross appealed, contend-

j ing that the Supreme Court decision ! should be varied by entering a non-suit i or judgment in favour of defendant. The Court reserved its decision.