MOTORIST’S NEGLIGENCE

Sun (Auckland), Volume III, Issue 645, 23 April 1929, Page 7

MOTORIST’S NEGLIGENCE

LAND AGENT’S APPEAL FAILS Press Association WELLINGTON, To-day. An appeal from the decision of Mr. W. G. Riddell, formerly S.M. at Wellington. in the case of Ruby Feary, married woman, formerly Ruby Knowles, nurse, of Wellington, v. R. A. Lewis, land agent, Wellington, came before Mr. Justice Smith in the Supreme Court. Lewis was the appellant, and Mrs. Feary the respondent. The facts of the case were that in 1927 respondent was involved in an accident in which a motor-car driven by appellant struck one woman, who was killed, respondent being knocked down and injured about the legs. In the subsequent court case, the magistrate held that respondent had proved negligence on the part of appellant, and gave judgment for her for £6l 19s 9d,. with £8 8s costs. Appeal was made from this decision, appellant claiming that respondent showed negligence in failing to keep a proper look-out, and in .stepping off the footpath in front of the motor-car. After hearing counsel, his Honour gave judgment, holding that there was some evidence from which an honest mind could draw the conclusion that appellant had been guilty of making an improper swerve, and had therefore been negligent. The appeal was dismissed, with £5 os costs to respondent.