TRAM V. SHEEP.

Auckland Star, Volume XXXVI, Issue 89, 14 April 1905, Page 2

TRAM V. SHEEP.

A QUESTION OF LIABILITY. The interesting problem, as. to whether the tramcar or the flock of sheep must avoid the danger to the latter was the subject of a judgment by Mr S. E. McCarthy, S.M., this afternoon, in the case of Alfred Buckland and Sons v. the Auckland Tramway Company, wherein £7 10/ was claimed for sheep killed in a flock which a tramcar ran into whtie on the Epsom-road. In effect the judgment -was that while there was not sufficient precautions taken by either the niotorman or the drover, the .former was the more to blame, and judgment was for plaintiff. The magistrate considered that the extra speed allowed the tramcars implied an extra responsibility on and most careful look-out by the tramway officials, and he held that the accident could have been averted by the motorman if more care had been observed. A responsibility also attached* to the drover to adequately warn motormen, and he considered that drovers should by day carry a red flag and by night lights, men being stationed before and behind the flock to keep it under control. Mr Reed, appearing for the Tram j Company, appealed. Leave was granted, | the security being fixed at £20.