COLLISION ON ASHHURST BRIDGE
CASE IN APPEAL cWItT. The Appeal Court sat yesterday to hoar an appeal against a decision of Mr. .Fustics Chapman delivered in Palmerston North. On the Bench were: His Honour the Chief Justice (Sir Robert Stout), Mr. Justice Edwards, Mr. Justice Sim, and Mr. Justice Hosking. This was ail appeal by Lnwrence Gordon Grace and Alexander Douglas Shepherd, trading as Grace and Shepherd, ipotor engineers, Waipulairati, the respoudent being Robert Hannah, boot importer, Wellington. Mr. M. Myers appeared for the appellants and Mr. A. 'W. Blair for tho iespondent. The appellants commenced an action in tho Magistrate's Court at Palmerston .North alleging negligence on tho part of 'respondent's servant in the driving of a four-horse wagon on Ashhurat bridge, which was only 12ft. wide except at crossing places, whereby a collision occurred between the respondent's wagon dnd. appellants' motor-car, and appellants claimed J!127 10s. as damages. The Magistral.' found that tho wagon had entered on tho bridge first. The appellants' motorcar was driven on to the bridge and waited at one of the crossing places or bays and when the wagon was passing the'car .the horses became restive, with the result that the'wagon was dragged against tho car, causing the damage. The appellants were awarded ,£2O damages, ,£•25 for depreciation of the car, and costs on tho ground that the driver of the wagon should have requested the driver of tho motor-car to go back. Against this decision tho appellants appealed to tlw Supremo Court on the ground that the damages were too low. and there wan a cross appeal by Hannah against tho judgment. The appeals wero heard by His Honour Mr. Justice Chapman, who decided in favour of Hannah's appeal, and directed a verdict to be entered for Hannah. The present appeal was against His Honour's decision. ' The case rested on the facts of tlm case, no material legal point being involved. After hearing argument tho Court reserved its judgment. '
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Dominion, Volume 12, Issue 169, 11 April 1919, Page 9
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326COLLISION ON ASHHURST BRIDGE Dominion, Volume 12, Issue 169, 11 April 1919, Page 9
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