APPEAL COURT

Hokitika Guardian, 28 March 1933, Page 3

APPEAL COURT

RIGHTS OF MOTORISTS AND PEDESTRIANS.^’

WELLINGTON,- March 27

T r lie Court of Appeal .is ocupied today .in,, hearing an . appeal in , forma pauperis, by - Irene v Addis-: Smith, wife of. Wiliam Henry . Smith,of Wellington, mechanic, against Caroline ..Priscilla- -Purdie, wife of Lawrence• James Purdie, of Wellington, battery specialist. ■ ! • • ' p The action in the Supreme Court was-a claim for £922 for-damages. for in, uries ■ received by. ' Mrs Smith, through being knocked down by a motor-ear driven -by Mrs -Pul-die. After

a two-days’ hearing, the jury found that Mrs Purdie was; negligent, .in driving too .fast, failing to sound the horn, failing to observe .plaintiff, and failing to slow down and steer clear, The jury also found that Mrs Smith was not negligent, either, jar failing to keep a proper lookout, for vehicular, traffic, or in failing to use; feusonabli care. The jury awarded Mrs Smith £612, . . ,

Counsel for Mrs Purdie moved to iiavo judgement entered in favour of defendant, or for a non-suit.

On the motion in this direction, Mr Justice McGregor said..that, there was no doubt plaintiff had , been run down by Mrs Purdie and the only question was whether the .evidence was. sufficient to justify him in entering judgment for the plaintiff, in accord-; .ince with the verdict of the- jury. It seemed to. him that plaintiff could not have been looking wffere - she was going, because if she had -been looking, she must -have seen the, approaching mqtor-eiir. In his opinion, she . was. the author of ; her own injury, and on the evidence it was impossible to say that the defendant could have avoided die consequences of .plaintiff’s negligence, by the exercise of reasonable

cars-. His- .Honour considered it . his duty to enter judgment for . defendants, with costs acording to scale. The .present appeal is, against, the order of Mr Justice -MacGregor. The case is the first.'in -the Court of Appeal in New. Zealand- ,: dealing with’the respective , rights of motorists: and pedestrians. The Appeal- Court in the case,.Smith; v. Purdie,. reserved its decision.