APPEAL COURT.

Taranaki Daily News, Volume LIV, Issue 20, 18 July 1911, Page 5

APPEAL COURT.

THE MOTOR-CAR CASE. By Telegraph—Press Association. Wellington, Yesterday. In the case Samson v. Aitchcson, Mr. Hanlon shortly addressed the court, and Mr. Adams briefly replied. The court reserved its decision. A SHIPPING CASE. Wellington, Yesterday. Tn the Appeal Court to-day the hearing of the case Dnvnmer and another v. the Shaw, Savill Co. was heard. Plaintiff was a passenger by the Tainui, and was washed by a wave down the hold, which had been temporarily opened and not protected. The jury awarded Mrs. Drummer £1250 and her husband £750 dajnages. Mr. Stringer, K.C., and Mr. Dougall were for plaintiffs, and E. and T. Harper for defendants. The question for the court was whether the injury arose from negligence in navigation from which the company was protected by the conditions on the passenger ticket. Mr. Stringer contended that keeping the. hold open after the purpose for I which it had been opened was completed comprised an act of negligence in the carriage of passengers for which the company was liable. Air. Dougald submitted that a conviction excusing the company for negligence in navigation was ultra vires, being in contravention of the Merchant Shipping Act 1804 (Imperial). Mr. Harper, for defendants, submitted that the negligence was in an act of navigation, and the company was excused by the conditions on the ticket, and as there was no stntntory provision taking away the right of freedom of contract the condition was valid. Mr. Stringer briefly replied, and the Court reserved its decision.