DRIVERS NEGLIGENT

Evening Post, Volume CXI, Issue 35, 11 February 1931, Page 14

DRIVERS NEGLIGENT

CAUSE OF A COLLISION

A motion on behalf of Alexander Wilson Hogg for leave to appeal to the Court of Appeal from a decision of Mr. Justice Blair in a case in which Alexander Coleman was the other party, was dismissed by the Chief Justice (Sir Michael Myers) and Mr. Justice Blair. The Chief Justice delivered a reserved judgment, with which Mr. Justice Blair concurred.

In the first place the respondent Hogg brought an action in the Magistrate's Court at Wellington for £59 10s 8d damages arising out of a motor collision. The Magistrate decided in the respondent's favour and gave judgment for the amount claimed, less an item of £i Ms 6d. On appeal to the Supreme Court on law and fact, Mr. Justice Blair reversed the decision and remitted the case to the Magistrate, with a direction to enter judgment of nonsuit. The respondent then moved for leave to appeal to the Court ot Appeal, and it was in respact of that application that'the judgment was given. • ' • The Chief Justice in his judgment said that Mr Justice Blair had found that tuc respondent's driver should have seen the appellant's car before he said he saw it, and that had a proper look-out been kept the respondent's drivel- could and should have avoided the accident. "That, at all events, seems to me to be the effect of his Honour's finding/ said the Chief Justice. "This being so, it would seem to follow that both parties were negligent, and that the negligence of each was of such a nature as to prevent either from > recovering damages against the other." j Mr. Macassey appeared in support ot the motion, and Mr. P. B. Cooke opposed the motion on behalf of Coleman.