MOTOR MISHAP

Evening Post, Volume XCIX, Issue 90, 16 April 1920, Page 7

MOTOR MISHAP

APPEAL COURT ON AUCKLAND

CASE.

Further argument was heard/ by the Court of Appeal to-day, in the Auckland motor accident case, A. B. Donald, Ltd. v. Luke M.'Gann and Annie A. M'G-ann, an appeal "from the judgment of-, Mr. Justice Cooper. On the bench ware the Chief Justice (Sir Eobert Stout), Sir Basset Edwards, and Mr. Justice Ghapnwn. ' Mr. H. H. Ostler appeared for the appellant, and Mr. J. R. Reid, K.C. (with, him Mr. M. J. Crombio) for respondents. Tlie respondent Mrs M'Gann was knocked down by a motor lorry, driven by one of tho appellant's servants, in Quay : «treet (Auckland), and injured. The jury found thnt the accident was 'caused by -the. negligence of the driver in failing to .give Mrs. M'Gann adequate warning of his approach. At the same time they found he had kept a sufficient look-out fof^ pedestrians, and was driving at a pace sufficient to give him control of the lorrj, while • Mr. M'Gann, through . defective hearing and failure to take precautions in crossirite the road, was contributory to the accident. The total damages awarded are £475, aaid Mr. Justice Cooper refused a nonsuit, and dismissed the motion for a new trial. Mr. Beid argued the case for the respondents to-day. Plans of the locality were''consulted by Jiidges and counsel, with a, view to ascertaining the speed f at which' the lorry was travelling. The Court reserved judgment.