COURT OF APPEAL

Dominion, Volume 10, Issue 3080, 10 May 1917, Page 9

COURT OF APPEAL

JUDGES DIFFER A COACH ACCIDENT In tho Court of Appoal yesterday, His Honour tlw Chief Justice (Sir Robert Stout) mado reforelico to tho case of Percy Brothe-is v. Fly and Young, an appoal lieard in October, 1916. In 1915, in the month of November, a niare urionging to Percy Bro'.hors, farmers, of Tβ Ore Ore, Wairareiw. ■was, as tlw result of a collision with a motor-Cj'f'O, killed on the To Ore Ore Road. Before tho removal of tho carcass of tho animal tlio mail coach from Mustorton to Castlcpoint, owned by Fly and Young, of Masterton, camo alone tho road, and tho coach-horses shed at tho body of tho dead animal. Tho result was that tho coach was capsized and smashed, tho harness broken and one of tho horses killed. Legal proceedings wero takon by Fly. and Yojug against Percy Brothers in the Mastorton Supremo Court, and a verdict for £154 damages was obtaiucd. Apainst this judgment, which was given by Mr. Justico Chapman, Percy llios. appealed. After argument upon the appeal had been heard, tho Chief Justico announced, on October 18, 1916, that tho 'opinion of tho Court was divided, and that tho Court thought it better that tho case should be argued ngain befbro a fuller Bench.

Yesterday the Chief Justico said that upon further consideration tho Court had decided tint tho amount involved was not largo cbouqli, and tho question raised not important enough to justify the expense of having tho case reargued. Tho Court proposed to deal with the caBO as it stood.

The Chiof Justico and Mr. Justice Cooper hold that the appeal should be dismissed; Mr. Justice Edwards, and Mr. Justico Sim, that it should bo allowed. The result was that Tinder section S8 of the Judicature Act the judgment of Mr. Justice Chapman in the Suprenie Court was affirmed. The main point upon which Their Honours disagreed was whether the dead animal, wlicn it was lying on the roadside at tho time of the accident to the coach, was in the "control and possession" of I'orcy Brothers. It so liappened ihat when the collision with tho .motor-cycle took place, the maro was in the charge of a man named Masted. ,