IMPORTANT JUDGMETT

Hokitika Guardian, 22 April 1931, Page 5

IMPORTANT JUDGMETT

AFFECTING MOTOR LAW. (By Telegraph—Per Press Association) WELLINGTON, April 22. A matter of wide interest to insurance companies and motorists was dealt with by Sir Michael Myr*'*" in delivering judgment in the Supreme Court case of Anna Fimllater, v. the Public Trustee and Queensland Insurance Coy. It was a claim for ikofifi on tlu* ground of alleged negligence oi Wiggs in connection with the Hutt Road smash. Wiggs being deceased, if. was argued that in common law tinplaintiff could not succeed against Wiggs’ personal representative, and this position was not affected by the 11)28 Act and that consequently there was im liability on the part ol the insurance company.

The. Chief Just.ice gave judgment for tno- Insurance Coy. the right ol action for a tort, being put nil end to by the death of Wiggs. The liability to pay damages said Sir M. Mvors ended with his death, and it was this liability to pay damages that was insured against, under section of the Act. If then, his liability ended with his death. T do not see bow the Insurance Company ran. be made liable. It might be that tlu* draftsman intended to abrogate the second part of the action personates rule. If so and hh Honour was right, there was an omission which only the Legislature could cure.