QUESTION OF LAW

Evening Post, Volume CXI, Issue 70, 24 March 1931, Page 14

QUESTION OF LAW

INTERESTING POINT RAISED

The question of legal liability was raised to-day before Mr. Page, S.M., in an action taken by Hallenstein Bros., Ltd., of Wellington, merchants, against Victor Brownson, of Wellington, jeweller, for loss by reason of a motor-car accident. The United Insurance Company, Ltd., was joined by ths defendant as a third party. Mr. W. V, Shorland. for the plaintiff, stated that on 4th September last the defendant, in turning into Ghiiznee street, had swerved suddenly to the left to avoid a pedestrian, with the result that his car mounted the footpath and knocked down two men (one of whom was killed) and crashed through a plate-glass window, doing considerable damage to the. stock which was displayed inside. The defendant had admitted that he had put on his accelerator instead of his brake. Counsel contended that the accident was res ipsa loquitur, and cited authorities in support of this contention. Mr. W. E. Leicester, for the defendant (Brownson), agreed that the facts, in the absence of satisfactory explanation by the defendant, entitled the plaintiff to judgment. • Counsel said that the real question in issue was whether the defendant or the insurance company would pay for the damage. The defendant was insured under a comprehensive policy, but the insurance company had repudiated liability tipon the ground that someone other than the defendant was driving the car at the time, although this fact had been denied by the defendant orally and in writing. Mr. Leicester said that in view of Brownson's statements the case of negligence was clear, but the onus would, in a subsequent action, bo upon the insurance company to show that it was not liable to indemnify Brownson, and that matter could not be determined in the present action. The reason, however, for joining in the insurance company was that it would be unable in subsequent proceedings to dispute the amount of the judgment. Judgment was thereupon entered against tlio defendant Brownson for the sum of ••fifil 17r (id and costs. Mr. W. 1). Goodwin appeared for the United Insurance- Co.. Ltd.