RESERVED JUDGMENT

Hokitika Guardian, 6 August 1930, Page 5

RESERVED JUDGMENT

(By Telegraph—Per Preaa Association.)

PALMERSTON N., Aug. 6

“Reserved .judgment- ori-'a legal’ isssv involving a husband’s responsibility in an action for negligence brought against his wife in consequence, of an act - ofia third party- engaged by the wife, was delivered by Air Justice Smith. The case was one in which Allan McKenzie Black sued Elizabeth and John Macfarlane, of Levin, for damages arising out of a collision of defendant-, Elizabeth Macfadlane’s car. being driven -by her son. His Honor said at the trial, the hearing appeared to proceed upon the basis that botn husband and wife were liable to judgment in the form claimed. Plaintiff established negligence, on the part of Elizabeth Macfarlane’s driver, and leave was reserved plaintiff to show the Cause why judgment could not be entered against the husband as well as the wife. \

In the course of a lengthy judgment His Honour said he was of the opinion, if it appeared that a married woman’s liability inventure depended exclusively upon the legal consequences following from a sale of ownership of a chattel, independently of the husband, that such liability did not exist at cothmon law.. The husband had no interest in the car in the present case, and it followed the wife was not liable at common law for the tort alleged. It followed also that a husband could not be made liable , since at common low he was only joined with her for conformity. 1 ' .; ,

Discussing a preceding judgment in ' similar circumstances His Honor said • the view expressed was that an innocent husband was liable to be sued at common law jointly with-' the wife for actual personal negligence of the wife while driving a .vehicle, hut was not liable to be sued for actual personal negligence of a third, party, when the wife’s liability for negligence of that party arose only from her sole ownership of the chattel. , ' . : Judgment was entered against Elizabeth Macfarlane in respect of her separate estate for £417 and the defendant, John Macfarlane, was dismissed from the action.