JUDGMENT RESERVED

Press, Volume LXXIV, Issue 22519, 29 September 1938, Page 9

JUDGMENT RESERVED

APPEAL IN MOTOR ACCIDENT CASE (PiISSS ASSOCIATION TELEGHAjj.) WELLINGTON. September 28. In the Court of Appeal to-day the hearing was continued of an appeal from the judgment of Mr Justice Northcroft in the motor-car accident case, J. B. Suisted and John Dickinson and Company. Ltd. (appellants), v. the Mount Cook and Southern Lakes Tourist Com cany, Ltd., A. G. Wigley and H. H. Walker (respondents). In Mr Justice Northcroft’s judgment the respondents were the successful plaintiffs, and the appellants the defendants. The Chief Justice (the Rt. Hon. Sir Michael Myers) raised the question Whether the printed report of the judgment was an accurate reproduction of the oral judgment delivered at the trial by Mr Justice Northcroft. After discussion, counsel agreed that although not complete, the report was accurate so far as it went, and was the best report procurable, having beep obtained

from a newspaper account of the proceedings, and contained all ■ the material findings of fact. Mr Anderson, for the respondents,contended that in the case of a dangerous corner, the usual rules as to the position of cars on a road did not apply, and that Wigley was not negligent in driving away from the extreme outside edge of the road, and that the extent of Suisted’s swerve, after seeing the service car, indicated that he was previously in the middle of the road. Judgment was reserved.