COURT OF APPEAL

Dominion, Volume 11, Issue 28, 27 October 1917, Page 7

COURT OF APPEAL

JUDGMENT DELIVERED

AUCKLAND TRAMWAY ACCIDENT

The Court of Appeal yesterday delivered throe reserved judgments. The Chief Justice (Sir Robert Stout). Mr. Justice Denniston, Mr. Justice Cooper, Mr. Justice Chapman, and Mr. Justice Hoskiim occupied the bench. Mr. Justice Chapman, on behalf of the Court, read the judgment in the Auckland tramway accident. case brought by Ann Lockwood, wife of Joseph Lockwood, labourer, of Onehunga, against tho Auckland Electric Tramway Company, Ltd.

The plaintiff alleged that while she was travelling in one of the company's cars it ran oil' the line and collided with a bank through the motorman falling off the front platform. The facts were admitted, aud the question was whether there had been negligence ou the part of the motorman or the company. The Court held that the motorman, in looking round to. iho back of the car to see that no passengers were getting on whilo he started, ivas following ;i usual practice. Ho .was a thoroughly experienced employee,'and it was a. matter of. pure accident that in leaning over the side of the car he overbalanced and fell out. There was nothing to suggest carelessness, and in. such a caso a substantial breach of duty would have had to be proved for the plaintiff to succeed. The controller handle was certainly somewhat worn',- and came off the electric spindle when the motoi'-maii fell off the car, but it could not on that account be deemed an unsafe appliance. It could not, therefore, be held that there had been any deiault on the part of the company. . . ~ , . , t Judgment was given for the defendant company, the question of costs being reserved for the consideration of the Supreme Court in Auckland. At the hearing, Mr. A. L. Denmston appeared for the plaintiff and Mr. J. E. Heed, K.C., and Mr. J. C. Peacock for Che defendant company.

A CHRISTCHUItCH CASE. Judgment was given upon the appeal of H Watson and Co., of ChristchiU'cn, against a decision of ilr. Justice Denniston in tho Supremo Court. The appellants were defeudants in a SupremeOourt case brought by Ueorge I'isher anu Slice I'isher, who moved that the, award of one William Tyers. Who was appointed arbitrator upon the disposal of an interest under the will of the late J. b. Hooper, should bo adopted. Mr. Justice Denniston made an order adoptinK tho award, and tho appellants alleged in the Court of Appeal that the arbitrator hacl dealt xinfairfy with their claims. The Court of Appeal upheld the decision of Mr. Justice Denniston, and dismissed the appeal.

CASE OF JOHN F. SKIPPER. Recently, the Full Court, in dismissing the appeal of John Fishor Skipper, % a Bay of Plenty a conviction and sentence of tnree monttis rninrisonment on a charge of nsmg languago calculated to interfere with recruiting, intimated that tho reasons for the judgment would bo given later. Yesterday tho Judges dolivered lengthy judgment, in which they quoted the authorities supporting thoir decision.

CHARGES AGAINST A SOLICITOR. Argument was continued in the caso of William Gascoyne Beard, barrister and BoScitor, who is cited on a rulo nisi to show cause why ho should not be struclc off the rolls on .the .ground of professional misconduct in his dealings with a client, Rang! Kerehoma, concerning certain land transactions. Tne charges brought against Beard by EUo Law Society were stated in yesterday s i'ssue. Argument hilfi not concluded wuen the Court rose. Mr H. F. von Haast appeared for the Law Society, and Mr.A. Gray, Iv.C, and Mr. M. Myers for Beard,