FATHER’S CAR IN CRASH

Sun (Auckland), Volume IV, Issue 932, 27 March 1930, Page 16

FATHER’S CAR IN CRASH

NOT LIABLE FOR DAUGHTER’S NEGLIGENCE SUCCESSFUL APPEAL Press Association NEW PLYMOUTH, Today. Whether the father is liable to pay damages received through a collision between his car, driven by his daughter, and another car, was the point for decision in an appeal against the judgment of a magistrate that C. A. P. Wood must pay £295 to Andrew Freyne and Thomas B. Freyne. Cars driven by Miss Wood, aged IS, and Freyne, collided, with heavy damage to each. Tho magistrate held that Miss Wood's negligence caused, the collision and awarded Freyne damages. Mr. Justice Reed, in giving a reserved judgment on appeal yesterday, said the question was whether appellant could be held responsible for the damages. The point was whether the daughter could be held to be the agent or servant of her father. The case of the Timaru Borough Council v. Squire had been the precedent on which tlie magistrate had held she was the agent or servant, but Mr. Justice Reed said that since the Timaru decision nad been given the circumstances had changed.

In modern usage the father’s car became the family’s car and .vas driven by various members. If, therefore, when a youth was driving his father’s car he was on his own frolic, the law should not presume to the contrary. If it was desirable that parents should be held responsible for the negligence of their children when in charge of the parents’ car, it was the business of the legislature to say so and the courts should not be required., to enter into a microscopical examination of evidence, to see if it was possible to pick out something from which it might be inferred that the child was on the father’s business when the neg- | ligence occurred. | The appeal was upheld and as an imi portant question of law as involved | leave was granted to appeal to the Court of Appeal. Mr. Justice Reed added his opinion that the magistrate was justified in finding Miss Wood’s negligence responsible for tlie collision.