LOOK OUT FOR THE ENGINE!

Taranaki Daily News, Volume LIII, Issue 272, 7 April 1911, Page 5

LOOK OUT FOR THE ENGINE!

A CHRISTCIIURCH CASE. By Telegraph.—Press Association. Christcliui'ch, Last Night. The Christchurch Fire Board was proceeded against by a cabman for damages caused to his cab by one of the board's fire engines whilst on its way to a fire. The main facts were not in dispute, but Mr. Harper, for the Board, contended that under the Fire Brigades Act the peculiar powers given to the superintendent by statute freed the hoard from liability in the present case. The Board could not make any laws to control the pace at which the superintendent should go to lives, or go round corners, or over crossings, The superintendent was instructed by statute to proceed to fires with all possible speed, and it was left to him to carry out this instruction, he himself being' personally, liable if negligence occurred. Further, on the facts, it would not be enough for plaintiff to show that the engine was on its wrong side. It must be shown that it was negligently on the wrong side. The Magistrate held that there was complete negligence, such as would entitle plaintiff to recover if there was liability. If the Board won on the point of liability there would be an action against the superintendent, and then, failing him, against the driver. His Worship asked, would the Board see the superintendent and the firemen through if the Supreme Court held they were liable? Mr. Harper said he could not make a statement as to that. The Magistrate gave judgment for the amount claimed, £23 2s. Mr. Harper asked for leave to appeal. The Magistrate said there could be no appeal on the facts, as the amohnt involved was not large enough. He would grant leave to appeal on the legal position as to who was liable.