A MOTOR ACCIDENT
HUSBAND NOT LIABLE
JUDGMENT AGAINST WIFE
(By Telegraph.—Press Association.) J PALMEKSTON N., This Day. j Reserved judgment on a legal issue ! involving a husband's responsibility in an action for negligence brought against his wife in consequence of the act of a third party engaged by the wife has beon delivered by Mr. Justice Smith. The case was one in which Allan M'Kcnzie Black sued Elizabeth and John Macfarlane, of Levin, for damages arising out of a collision, the car of the defendant, Elizabeth Macfarlane, j being driven by her son., ■ . His Honour said' at the trial that the hearing appeared to proceed upon the basis that both husband and wife were liable to judgment in the form claimed. The plaintiff established negligence on j tho part of Elizabeth Macfarlane's driver, and loave was reserved to the plaintiff to show cause why judgment should not be entered against the husband as well.as: the.wife..
In the course of; a lengthy judgment, his Honour said that lie was of the opinion that if it appcared-that a married woman's liability for tort committed during inventure depended exclusively upon the legal consequences following from the sale of the "ownership of a chattel independently of: the husband, such liability-did not exist at common law. . The husband had, no interest in tho car in the present case, and it followed that the wifo was not liable at cbmmon law for the tort alleged. It followed, also, that the husband could not be made liable, since at common law he was only joined with her for. conformity.
Discussing a preceding judgment in similar circumstances, His Honour said that the view expressed was that an innocent husband was liable to be sued at common law jointly with the wifo for the actual personal negligence of the wife while driving a vehicle, but he was not liable to bo sued for actual personal negligence as a third party when the wife's liability for tho negligence of that party arose only from her sole ownership of tho chattel. Judgment was entered against Elizabeth MacFarlane in respect of her separate- estate for £471. Tho defendant, John MacFarlano, was dismissed from tho action. .
A MOTOR ACCIDENT
Evening Post, Volume CX, Issue 32, 6 August 1930, Page 11
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