"CAPTAIN CUTTLE'S" DOG.
DECISION' RESERVED
At the conclusion of the evidence for the defence in the action for damages brought by Philip Ay 1 ward (Mr. Lennard) against the Passenger Transport Company (Mr. Goulding) in the Magistrate's Court yesterday afternoon, counsel for the defence submitted that on the evidence it would not be right to hold the defendant company liable. It was common ground that the dog had been killed by a bus which waa travelling at a very considerable speed and without lights. But there common ground stopped. There was doubt ns to the time at which the accident happened. Further, there was the difficulty of identifying the bus under the circumstances. Finally, counsel submitted that there was negligence on the part of the plaintiff in that he took a valuable animal not on a chain on to a road which he knew to be frequented by motor traffic, and further did so on a dark night. The magistrate, Mr. E. C. Cntten. said that before it could affect the case it would have to be proved that the act of negligence was contributory m the accident.
The magistrate reserved his decision
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Bibliographic details
Auckland Star, Volume LVIII, Issue 151, 29 June 1927, Page 8
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193"CAPTAIN CUTTLE'S" DOG. Auckland Star, Volume LVIII, Issue 151, 29 June 1927, Page 8
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