COURT OF APPEAL

Taranaki Central Press, Volume IV, Issue 400, 6 April 1937, Page 5

COURT OF APPEAL

Judgment Reserved. Wellington, April 5. The Court of Appeal was to-day en gaged hearing the ease of the A.P.A. Union Assurance Society against Margaret Cree Ritchie, Petone, widow (first defendant) and Barton Ginger and Co., Ltd. (second defendant). On a stormy day in December, 1936, a motor-lorry owned by Barton, Ginger was carrying two cases of motorcar parts from Wellington to Moera. When the lorry was passing over the bridge at Petone the cases were blown, from the lorry, one of them falling on and killing the husband of the first defendant, Margaret Cree Ritchie, who was walking over the bridge. The first defendant brought action against Barton, Ginger in February last, claiming damages for the death of her husband, and the jury awarded her £1250 and costs. Consequent on this verdict the plaintiff, A.P.A. Union Assurance Society, issued an originating summons to determine whether it was liable under the Motor Vehicles Insurance (third party risks) Act, 1928, and as a statutory indemiiifier to indemnify the second defendant in respect of its liability for these damages. By consent an order was made by Mr. Justice Reed removing the originating summons into the Court of Appeal, where the matter was argued today on the agreed facts and evidence taken at the trial in which Margaret Cree Ritchie was the plaintiffff.