APPEAL UPHELD IN COLLISION CASE

Sun (Auckland), Volume 1, Issue 60, 2 June 1927, Page 13

APPEAL UPHELD IN COLLISION CASE

A DECISION REVERSED “In my opinion respondent failed to move to his correct side in good time, so the appeal will be allowed with £lO 10s, and disbursements.” In the above words his Honour Air. Justice Herdman, at the Supreme Court this morning, reversed the decision of Mr. W. V. Wilson, S.M., given for the plaintiff in an action brought by George Frederick Friberg, company manager, of Auckland, on May 30, against John Bland Parker, farmer, of Maungatawhiri, for damages, £BS 6s 7d, arising out of a motor collision on a road leading from Pokeno to Te Aroha. At the lower court hearing it was held by the magistrate that the accident was attributable to appellant's negligence and no other cause, and judgmentwas accordingly given for the plaintiff in the action. In regard to the counter-claim brought by defendant in the lower court, and for which judgment was also given for plaintiff, his Honour found that there was proof that repairs to appellant’s car had cost £54 9s 9d, and that he was therefore entitled to judgment in the Magistrate’s Court for that sum, with the usual costs.

Nlr. J. C. Haddow appeared for the appellant and Mr. G. P. Finlay for respondent.