SEAPLANE HIPS YACHT

Hokitika Guardian, 7 May 1920, Page 3

SEAPLANE HIPS YACHT

CLAIM FOR DAMAGES FAILS

AUCKLAND, May 4. A sequel to an accident in the harbour on Anniversary Day was heard at the Magistrate’s Court before Mr f. W. Boynton, S.M., when Gilbert Parker claimed ,£6l 14s fom the New Zealand Elying School Ltd. for damage done to his yacht by a seaplane. The facts were that the seaplane, which was piloted bv Mr Going, was to race another flying machine. It started first and was headed into Stanley Bay, and after commencing to rise was headed over the S tan! 5 7 Bay wharf. The plaintiff alleged that the machine just cleared the wire on the wharf and ran into is yacht. ' The defence maintained that the machine, after clearing the wharf, suddenly struck a “pocket” of air. which had the effect of making it fall, and although the pilot tried to swerve to miss the yacht, a stay on a lower wing struck the top of tlie mast The mast was broken. Tim Magistrate said the question raised was a very- important one, and eventually it would have to be decided whether it was a case of absolute liability within the noted case .of Reynolds v. Fletcher. In his opinion, what had happened was that the senplchie ran, into a “pocket” of air. with a result that it suddenly fell and ran into the plaintiff’s vaeht. It

was purely a question of negligence to be decided and he was satisfied that the oilot had not been guilty of negligence. The plaintiff lwd not shown that the machine was not in good order, or that the pilot did not- adopt a reasonably safe courto. He nonsuited the plaintiff with costs £6 12s.