TRIAL FAILS

Press, Volume CVII, Issue 31462, 31 August 1967, Page 22

TRIAL FAILS

Claim After Collision

(N.Z. Press Association)

NEW PLYMOUTH, Aug. 30. After deliberations lasting nearly four hours, a jury failed to reach agreement in a $6799 damages claim in the Supreme Court at New Plymouth today. Counsel were given leave to apply for a new trial.

A Patea freezing works superintendent, Colin Sydney Wilson, aged 39, was claiming general damages of $6OOO and special damages of $799.42 from William Pierce. The claim arose from a collision between two motor boats in the Patea river on April 11, 1965. Mr J. W. Till is representing Wilson, and Mr St L. H. Reeves, Pierce. The claim is a sequel to a collision between Wilson’s runabout and Pierce’s cabin cruiser on the Patea river on April 11, 1965. In his summing-up, Mr Justice McGregor said the matter was extremely unfortunate, and emphasised the care that should be taken by those in control of high-powered speed boats. Bruce Michael Wilson (Mr J. P. Quilliam) was named as the third party, but Mr Justice McGregor dismissed him from the suit yesterday. He said the defence had made no substantial allegations of negligence against the plaintiff. From the evidence, it had become clear that the plaintiff was in charge of the motor boat (although the son had been driving), and in the circumstances, if the son had been negligent, the father was lawfully responsible.