MOTOR COLLISION.

Taranaki Daily News, 2 July 1918, Page 2

MOTOR COLLISION.

MAGISTERIAL DECISION 'REVERSED.

An appeal waß heard at the February sessions of the Supreme Court at New Plymouth against the decision of Mr. A, Crooke, S.M., in a claim for damages made toy Sidney George against Frank H- Mills, arising out of a collision (be* tween claimant's motor-cycle and a motor-car drven by defendant. Mr. Justice Edwards, who heard the appeal, has now given his decision, in which he states that the Magistrate rightly found that the respondent (Mills) was guilty of negligence leading to the collision; 'but also found that the appellant (George) was guilty of contributory negligence; and, upon that ground, nonsuited tl#» appellant. After traversing the Magistrate's grounds for his (finding, his Honor said that in his opinion the finding of the Magistrate, that appellant was guilty of contributory negligence, waß not warranted by the facts, adding that appellant, in the course he took, did nothing wrong. No dou3>t ho would have acted more wisely had he endeavored to cross to the wrong side, but his failure so to do could not be considered as negligence. The appeal was allowed, with costs (£.10), and the case remitted to the Magistrate to ascertain the appellant's damage and the costs to which he is entitled in the court below.