TAXI HIRE AGREEMENTS

Sun (Auckland), Volume III, Issue 906, 25 February 1930, Page 10

TAXI HIRE AGREEMENTS

RIGHT TO CLAIM DAMAGES . r^^ie right of a taxi companv, which hires out cars to its drivers, to claim damages for accident, even though its own servant is guilty of negligence, was argued before Air. Justice Herdman in the Supreme Court yesterdav afternoon. Phis issue was raised under an appeal by the Checker Taxicab Companv against the decision of Air. F. H. Levien, S.AI., in a claim for damages arising out of a collision between a Checker and a Black and White taxi, heard in the Alagistrate’s Court. Following the accident on June 28 last, the Checker Company sued J. Stone, taxi proprietor, and S. Dulieu, taxidriver, for £27 damages, but the magistrate held both drivers were equally guilty of negligence and nonsuited both parties. For' the appellants. Air. Richmond said that the magistrate had entirely ignored a legal aspect essential to the case. The real point at issue was whether the bailor, in this case the Checker Company, was responsible for the negligence of the bailee. Air. Goldstine, for the respondent?, did not contest this point, arguing that the agreement between the Checker Company and the driver was a partnership document and not a bailment. He claimed that the agreement evaded awards and evaded common law liability*. Richmond maintained that not even prima facie evidence of a partnership could be deduced from the document and there was neither a sharing of profits nor of losses. The agreement was in every sense one of bailment. * Decision was reserved.