COMPANY WINS.

Auckland Star, Volume LXIII, Issue 281, 26 November 1932, Page 14

COMPANY WINS.

-COURT OF APPEAL CASE.

MOTOR CARS IN COLLISION.

(By Telegraph.—Press; Association.)

, WELLINGTON, Friday. The Court of Appeal to-day delivered reserved judgment -An favour of the respondent company in the case Trickett v.. Queensland Insurance Company, arising out of a .collision which took place-about midnight oh November 17, 1930, on the Hutt Road, near Ngahauranga v and. Kaiwarra,, between a car driven by Alfred John Wiggs, ; who was killed in the collision, and another owned by Dr. Christina Findlater, driven-, by her sister, Anna Findlater.

Marjorie L'Estrange Trickett, daughter of the late Alfred John Wiggs, brought a claim against the Queensland [Insurance Co., Ltd., claiming £1000 as being due to'Wiggs' personal representatives under a comprehensive insurance policy issued by the company over Wiggs' car. The company disclaimed liability, contending that Wiggs' car at the time ' oi the accident was being driven'without lights, and that a certain condition in the policy, providing that if the car was being driven in a damaged or unsafe condition, no liability should attach to the company, applied.

r The Chief justice, Sir Michael Myers, before whom the action was tried, found that at the time of the accident Wiggs .was driving without lights and on. the .wrong side of the road, and that the exception in the policy relied on by the insurance company applied. Mrs. appealed from this decision. In a joint judgment given to-day Mr. Justice McGregor and Mr. Justice Kennedy said, they were not satisfied that the judgment of the, Chief Justice in the Court below was wrong on the facts, In, their opinion it'was not necessary for the company to establish that, the deceased Wiggs knew of the damaged state .of his car, but even assuming that knowledge was necessary then from .the evidence it appeared to them that he must have known that his car was being driven without lights, and consequently in a damaged or unsafe condition. , .. . ■•■ . ■ .■ -.

Mr. Justice Herdman dissented from the other members of the Court, holding that.it was incumbent on the company to show that Wiggs was aware of the unsafe condition of the car, and the evidence did not establish that knowledge. , ~. Costs on the highest, scale were allowed to. the : company. ■