APPEAL DISMISSED.

Auckland Star, Volume LV, Issue 250, 21 October 1924, Page 4

APPEAL DISMISSED.

MAGISTRATES DECISION UPHELD. A WHANGAREI COLLISION. An appeal against the decision of Mr. R. W. Tate S.M., in a case _£_»_ damages were claimed as the result of motor collision in the Labour Da procession at WliangaTei on October <& last year was before his Honor Mr Justice Herdman at the Supreme Court fcl_:s morning. / The appellant was Robert AndreiJames (Mr. Hopkins), who was plaintiff in the Magistrate's Court, and th ' respondent Edward Foote (Mr H w Ostler and Mr. Steadman), "the defen dant in the Magistrate's Court nro ceedings. t In the procession on Labour Day at Whangarei Foote was the driver of a lorry behind which was a motor car driven by James. Foote Bad occasion to leave the line of vehicles, and he sounded h:s horn, and also held out his hand as a signal that he intended backing his lorry. According to the evidence James failed to take heed of the warnings, and the lorry backed into his car. His claim for £46 4/JO dam ages was dismissed by the magistrate who held there was no evidence to show Foote had been gu/.Jty 0 f negligence and even .if there was negligence James had contributed to it. He therefore gave judgment for the defendant It was against this finding that James appealed. This morning Mr. Hopkins submitted that there waa evidence of negli»ence on the part of Foote, but his Honor was against this, and, upholding the finding of the magistrate, he dismissed the appeal with costs £3 a/. i "