SON’S ACCIDENT

Dominion, Volume 25, Issue 275, 16 August 1932, Page 6

SON’S ACCIDENT

Father Not Negligent AN APPEAL DISMISSED Without calling on counsel for respondent, Mr. Justice Reed in the Supreme Court yesterday dismissed an appeal, on a point of law, from a decision given by Mr. J. Miller, S.M., at Greytown. The action arose originally from a collision which occurred between a “baby” car, the property of Dominion Rental Cars, Ltd., and a motor-lorry, owned by F. Dennes, carrier, of Featherston. A son of Mr. Dennes had been left to grease the truck, and while his father was away he gave a lift to one of his father’s friends, and on the return trip collided with the “baby” car. The outcome was a claim by Dominion Rental Cars, Ltd., for damages against Mr. Dennes. Holding that defendant was not liable for the negligent driving of his son, Mr. J. Miller, S.M., dismissed the case. It was from this decision that Dominion Rental Cars, Ltd., appealed in the Supreme Court yesterday. The appellants sought to succeed on the ground that respondent was guilty of negligence in leaving his seventeen-year-old son, an unlicensed and inexperienced driver, in sole control of the truck. His Honour said he could not see how be could possibly hold that the father in such circumstances was negligent. The appeal would be dismissed.