LAW REPORTS.

Dominion, Volume 4, Issue 1180, 15 July 1911, Page 3

LAW REPORTS.

COURT OF APPEAL. MOTOR-CAR BICYCLE. WHOSE NEGLIGENCE. The appeal of John Martiu Sanuoii against a Supremo Court dcciiiou ortlerins him to pay J5750 daraaßCS in respect of a motor-ear and bicycle collision was further. argued in the Court of Appeal yesterday. Tho Bench comprised the Chief Justice (Sir Robert Stout), !!r. Justice Denniston, Mr. Justice Edwards, aud Mr. Justice Chapman. Tho appellant, John Martin Samson, a. Dunedin auctioneer, was the owner of a motor-car, and was negotiating for tho sale of it to a widow lady, Mrs. Collins. By way of allowinp this lady and her son, Albert Allison Collins, to test tho running of the car, theso three persons were out for a trial run ill it. Samson first drove the ear, and then Collins, who had been a chauffeur. "While Collins was driving in Princes Street, Dniiedin, a school teacher named Louisa May Aitchison eamo alonjj 011 her bicycle, and the car and tho bicycle came violently into collision. Tho cyclist was badly hurt, her machine was smashed, and her dress was ruined. Slio claimed .£IOOO damages, and tho jury awarded her .£750. There was no evidence of actual personal negligence 011 the part of Samson, but the jury's finding, involved negligence on the part of Collins,'and His Honour Mr. Justice Williams held that Samson was responsible for tho ucgligence cf Collins, and must, therefore, pay the damages assessed by tho jury. Against the whole of. this decision Samson appealed. Counsel in tho Court of Appeal were: Mr. A. S. Adams, with hirii Mr. AY. G. Hav, for appellant; Mr. M. Chapman, K.C., with him Mr. A. C. Hanlon, for respondent. Yesterday's sitting was occupied with the addresses of Mr. Adams (who had begun on the previous day), Mr.- Hay, olid Mr. Chapman. When the Court resumes at. 10.30 on Monday, Mr. Hanlon will speak.