COLLISION ON HUTT ROAD

Dominion, Volume 19, Issue 217, 9 June 1926, Page 9

COLLISION ON HUTT ROAD

APPEAL FROM MAGISTRATE’S DECISION. Legal argument was beard yesterday, by Mr. Justice MacGregor in the Supreme Court on an appeal from a judgment of Mr. W. G. Riddell, S.M., given in the Magistrate’s Court at Wellington in August last. The appellant was Mark I’Anson, of Petone, brewer (for whom Mr. A. B. Sievwright appeared) and the respondent was O. B. Cottrell, of 41 Queen’s Road, Lower Hutt, proprietor of Cottrell’s Motor Service (represented by Mr. O. C. Mazengarb). The case, it was stated, was the outcome of a collision on the evening of June 3, 1925, when I’Anson’s motor-car, which was standing stationary on the Hutt Road on its correct side, wan run into by a motor-bus belonging fo Cottrell's Motor Service. I’Anson claimed .£125 for repairs to his car, £5 as a week's wages for a passenger injured, .£5O general damages, and costs. In the course of his judgment, when he found for defendant, the Magistrate said-. “It seems clear that if plaintiff’s driver had taken his car completely off the bitumen track when he stopped tho accident would not have happened, and I think that his failure to do this was a contributing factor to the collision and showed an error of judgment on the part of plaintiff’s driver at the time. Decision was reserved.