APPEAL DISMISSED.

Auckland Star, Volume LXIX, Issue 141, 17 June 1938, Page 8

APPEAL DISMISSED.

MAGISTRATE UPHELD.

ACCIDENT CASE AWARD. SUPREME COXTRT DECISION. The decision of a magistrate, against which an appeal was heard in the Supreme Court, has been upheld in a reserved judgment issued to-day by his Honor, Mr. Justice Callan. The case was one in which Mr C R Orr Walker, S.M., awarded Roy Henrv" Page, builder, of New North Roa'd. Auckland, £07 18/ damages against Arthur S. VaugJian, a land agent, of Auckland, in respect of a collision between the motor cars of plaintiff and defendant, which plaintiff alleged arose out of the negligence of the defendant. The magistrate awarded plaintiff the full amount of the claim.

In the Supreme Court on Wednesday, Mr. North, for Vaughan, sought to have the lower Court decision upset on the ground of contributory negligence bv plaintiff. <=> <= J The judgment stated that the finding of the fact which the Court was asked to make was that it had been established in the lower Court that the plaintiff entered the intersection where the collision occurred without even having looked to his left at all. The proposition of law was that that conduct on the part of the plaintiff was negligence contributing to the result. His Honor did not agree that the magistrate was compelled to find the alleged fact. "I am myself satisfied on the material before this Court that the alleged fact is not a fact, and that the foundation upon which the defendant sought to build his argument to this Court does not exist," his Honor said. His Honor added that he quite agreed with the magistrate that the plaintiff was not negligent. He dismissed the appeal, allowing costs of £10 10/.