MOTOR-CAR AND TRAMCAR COLLISION

Dominion, Volume 11, Issue 271, 5 August 1918, Page 6

MOTOR-CAR AND TRAMCAR COLLISION

APPEAL CASE IN SUPREME COURT. In the Supreme Court on Saturday Hiß Honour tho Chief Justice (Sir Robert' Stout) delivered reserved judgment in tho case on. appeal of Munt, Cottrell and Co. against tho City Corporation, in connection with an accident which occurred on December 8, 1910, at tho junction of Courtenay Place and Taranaki Street, when a motor-van, the property of the plaintiffs and a tramcar collided. Negligence on the part of the jnotorman was ulleged, and the company claimed £54 12s. 6d. for the cost of repairs to the motor-van, which was laden with hogsheads'of beer; also £75 for the loss of the use of the van, etc. The Magistrate's decision was in favour of the corporation, and the appeal was against this decision. In his judgment His Honour said that he could find no proof of negligence on the part of the motor-van driver. The tram-driver was Dot keeping an efficient lookout, and the immediate cauße of the accident was his negligence In view of this His Honour allowed the appeal, and fixed the damages at .£123 12b. 6d., -with £7 7s. costs of the appeal. The case is to be remitted to the Magistrate's Court for judgment to be entered for the amount mentioned, and the costs in the Court below as the Magistrate shall fix. Mr. J. O'Shea, who appeared for the corporation, asked leave to appanl, and His Honour refused the request, holding that there was no question of law involved. Mr. T. W. Hislop appeared for Mnnt, Cottrell,' aud Co.