MAGISTRATE’S COURT, GREYMOUTH

Hokitika Guardian, 26 March 1921, Page 1

MAGISTRATE’S COURT, GREYMOUTH

JUDGMENT IN MOTOR COLLISION CASE. The fullowincr is llu> full text oi the judgment of C. R. Ort'-M alker, Esq., S.M., in the ease lienrd at Greymouth lately, in which White (Mr Murdoch) sued Schacf (Mr Joyce), with a crossaction, for damages alleged in respect to a motor car collision on th ( , L’aroa road :

‘‘The first question l have to decide is whether, assuming plaintiff’s claim is otherwise supported, the defendant, Schacf, is liable for the negligence of Owens, tile driver of the motor car.

“ From the evidence it was implicitly admitted by Schacf that before Novcmb er last the relationship of master and servant existed, and the only evidence of a change was that in regard to the mode of remuneration from a weekly wage to a commission. Most of the cases quoted were clear cases of bailment, where the driver hired the conveyance from day to day at so much per day certain, retaining any surplus earnings over that sum. In the present case Owens got 25 per cent of the takings, however small or large, and paid nothing in the nature of hire: Schacf collected all the moneys and paid Owens his wages in the form of a commission. There was no evidence of a change of control after November, and Owens's evidence and Sclmef’s significant admission when he stated in evidence, l< Owens is one of my compentent drivers as advertised, and he is still in my employ, ’ satisfy me that at the time of the accident Owens was the servant of Schacf and not a bailee of the car independent of Schacf. I therefore hold that Schacf is responsible for the negligent acts of Owens in connection with the accident, the subject matter of this case. After a careful consideration 1 hold that the accident was the result of Owens’s negligence, and that the plaintiff was not guilty of such contributory negligence as disentitles him to rocov'T damages. *• i give judgment for plaintiff for £10(1 damages and costs, which 1 lix at solicitor’s costs (Mr Murdoch) L" 10 18s, court lees £3 os, witnesses Earisli £1 Bs, Cork 15s, Stevenson Cl Bs, Furness £1 Is; making «• total of £'lß 18s. The (■itmler-claim is dismissed.”