THIRD PARTY RISK.

Auckland Star, Volume LXII, Issue 51, 2 March 1931, Page 3

THIRD PARTY RISK.

MOTOR OWNERS' LIABILITY.

UNUSUAL COIXISION CASE.

MOTION TO SET ASIDE VERDICT,

(From Our Own Correspondent.)

NEW PLYMOUTH, Saturday. A new point was raised in the Supreme Court this morning in the course of hearing a motion for the setting aside of a verdict and judgment in a motor cycle collision case in which the jury had awarded the plaintiff damages on the ground of th.e negligence of the defendant. The chief point in the case, which distinguished it from the usual collision case, was that the defendant was the owner, and not the rider, of one of the machines concerned in the collision. The plaintiff was Ceorge Anderson and the defendant was Paul Lchrke, hotli of Eltham. The defendant had lent his motor cycle to his brother, Felix Lehrke, who was killed in the collision, and the action was brought against the owner on the ground that the rider was, at the time of the collision, his agent and therefore liable in damages. The jury found for.the plaintiff and awarded him £808. It was against this judgment that the motion was brought.

Opposing the motion, Mr. J. Hessell submitted that the section of the Third Party Risk Act created an absolute liability on a person for any damage caused by the neglect of any person driving the vehicle of which he was the registered owner, whether It was being driven with his authority or not. Mr. Justice Adams suggested the point was a very important one, and any judgment giVen might have a farreaching effect. In fact', he did not like to contemplate how far the effect would reach if the submission made could bo sustained. In view of this he asked if counsel would consider having the matter removed direct to the Full Court, as it would no doubt eventually be taken there.

Counsel agreed that the importance of the point necessitated such a course, but preferred to have the judgment of Mr. Justice Adams on this case. The hearing was adjourned.