SEAPLANE HITS YACHT

Southland Times, Issue 18815, 7 May 1920, Page 6

SEAPLANE HITS 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 J. W. Poynton, S.M., when Gilbert Parker claimed £6l 14s from the New Zealand Hying School, Ltd., for damage done to his yacht by a seaplane. The facts were that the seaplane, which was piloted by 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 Stanley Bay wharf. The plaintiff alleged that the machine just cleared the wire on the wharf and ran into his 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 the mast. The mast was broken. The 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 Rylands v. Fletcher. In his opinion, what had happened was that the seaplane ran into a “pocket” of air, with a result that it suddenly fell and ran- into the plaintiff’s yacht. It was purely a question of negligence to be decided, and he was satisfied that the pilot had not been guilty of negligence. The plaintiff had not shown that the machine was not in good order, or that the pilot did not adopt a reasonably safe course. He non-suited plaintiff, with costs, £5 12s.