MOTOR COLLISION

Evening Star, Issue 22145, 27 September 1935, Page 10

MOTOR COLLISION

APPEAL FROM MAGISTRATE'S DECISION Decision was reserved by His Honour Mr Justice Kennedy to-day in the Supreme Court in a case in which an appeal was made from the decision of Mr H. J. Dixon, S.M., in an action arising out of a motor collision on the main Central Otago road some,months ago. The appellant was Robert F. White, hotelkeeper, for whom Sir J. P. Ward appeared, and the respondent was Frederick George Duncan, solicitor, who was represented by Mr W. D. Taylor. In the lower court the magistrate gave judgment for Duncan on a claim for £149 8s 3d Tor repairs to his motor car and for depreciation, and also judgment on a counter-claim brought by White for an amount for personal injuries and repairs to a car, it being held that White's negligence in failing to keep a proper look-out was the cause of the accident. Counsel addressed lengthy argument to His Honour on the appeal, which was based on law and on fact, it being contended on the part of the appellant that the accident was due to a breach of the “off-side” rule by Duncan. ; ■ His Honour intimated that he would take time to consider his decision.