JUDGE HEARS APPEAL

Dominion, Volume 27, Issue 35, 4 November 1933, Page 16

JUDGE HEARS APPEAL

Cause of Fatal Accident CASE IN SUPREME COURT Dominion Special Service. Palmerston North, November 8. Claiming that the magistrate had failed to appreciate d. flagrant breach of the right-hand rule as the real and only cause of the collision, William John Barlow, of Rongotea, appealed against the decision of Mr. J. L. Stout, S.M., in a recent civil action, before Mr. Justice MacGregor in the Supreme Court yesterday. The civil action was the sequel to a fatal collision between a car driven by appellant’s son and another car driven by Mrs. A. E. G. Turnbull, of Feilding, in June last year. A high school boy who was killed was a passenger In the car driven by defendant’s son. In his judgment, Mr. Stout considered the primary cause of the accident was the negligence of appellant’s son. who drove the car at an excessive speed. The car had defective brakes, and appellant’s son had deliberately accelerated in order to race the other car to the intersection. Mrs. Barlow had contributed to the accident by neglecting to observe the right-hand rule. His Honour reserved his decision.

OFFICE RANSACKED Burglars, in High School Palmerston North, November 3. The Palmerston North Girls’ High School in Fltzherhert Avenue was entered by burglars last night. A few articles were taken, and the office was left in confusion with papers lying all over the room. Entrance was gained to the building by breaking a window in the long corridor at the rear of the building. A small purse containing a shilling was stolen from the office, and a tin of petrol was taken from the toolshed.