ON THE WAY TO A FIRE.

Dominion, Volume 4, Issue 1096, 7 April 1911, Page 6

ON THE WAY TO A FIRE.

q AN IMPORTANT CASE. (By Telcsraph.-Press Association.) Chrisichurch, April G. The Chrislchurch Firo Board was proceeded against by n cabman for damages caused to his cab by one of (he board s fare engines whilst on the way to a hre. lhe main fact? were not in'dispute, but Mr. Harper, for the board contended that under the Fire Brigades Act the peculiar power given to" the superintendent by statute freed , the board from liability in the present ca«e The board could not make any laws to control the pace at which the superintendent should go lo fires/ or go round corners, or over crossings. The superintendent was instructed by statute to proceed to (ires with all possible speed, and it was left to him to carry out tin's instruction, he himself being "personally liable if negligence occurred. Further, on the facts, it .would not be enoiHi for plaintiff to show that the engine was on its isrong side. It must be shown that it was negligently on the wrong side. The magistrate held that there was complete negligence such as would entitle plaintiff to recover it' there was liability. If the board won on the point of liability, there would be an action against tho superintoml'ant, and then failing him against the driver, iris Worship asked, would the board see lhe superintendent , and firemen through if Mm Supreme Court held they were liable? Mr. Harper said be could not make a statement i>s to that. Tho magistrate gave- judgment for the amount, claimed, -E23 2s. Air. Harper nsked for leave to appeal. The magistrate said them could be no appeal on the fact?, as the amount involved was not large enough. He would srant leave to appeal on the legal posi' tion as to. who .was liable.