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DAMAGED POWER POLE

RESPONSIBILITY ISSUE

"ENLIGHTENING JUDGMENT" O.C. HAMILTON, this day. Judgment in favour of plaintiff was given by Mr. S. L. Paterson, S M., in a case in which he reserved his decision four weeks ago. The question was responsibility in. a case wherein a farm horse in a wagon bolted and collided with a power pole, causing damage to the extent of £3 7/6. Mr. F. A. Swarbnck appeared for the plaintiff, the Central Waikato Power Board, and Mr. J F , Strang for the«defendant, Allan Walter, of Te Kowhai, who denied negligence. The magistrate said plaintiff claimed negligence and that the defendant, under the Electric Power Boards Act, was obliged to pay whether he was negligent or not. The submission that there had been negligence must fail. A section of the Act provided an absolute statutory obligation. Whether the escape of the horse was due to negligence was immaterial. Judgment was given for plaintiff for the amount claimed. , .. . , Mr Strang intimated that he might appeal. Both counsel expressed appreciation of the magistrate's judgment, which Mr. Swarbrick described as enlightening and interesting.

The magistrate said it was unfortunate that in such an important case so small an amount was involved.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AS19450727.2.97

Bibliographic details

DAMAGED POWER POLE, Auckland Star, Volume LXXVI, Issue 176, 27 July 1945

Word Count
201

DAMAGED POWER POLE Auckland Star, Volume LXXVI, Issue 176, 27 July 1945

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