DECISION UPHELD

Evening Post, Issue 11, 13 July 1936, Page 11

DECISION UPHELD

A LEVIN ACCIDENT

"This case seems to me to be one of that class in which the negligence of both drivers was so nearly contemporaneous that neither had a reasonable opportunity of escaping the consequences of the negligence of the other. The accident was caused by the practically simultaneous negligence of both drivers, and therefore the negligence of the appellant's driver was contributory negligence,-which is a defence in an action by the appellant against the respondent," said Mr. Justice Ostler in dismissing in a reserved decision in the Supreme Court today an appeal against a judgment of Mr. J. H. Salmon, S.M., at Levin.

The appellant was Mrs. Mary St. Clair, wife of Robert St. Clair. a Levin taxi-driver (Mr. W. Perry, with him Mr. N. M. Thomson, of Levin), and the respondent. Miss Margaret Breig, of Levin (Mr. W. P. Rollings). A car owned by Mrs. St. Clair and driven by her husband collided with the respondent's car at the junction of Oxford Street and Durham Street, Levin, and the Magistrate held that although the defendant had failed to keep a proper look-out and failed to signal a right-hand turn 30ft before turning, the action of St. Clair in approaching the intersection at more than 15 miles an hour was prima facie evidence of negligence, and he was therefore not entitled to recover. The Magistrate accordingly gave a non-suit in the appellant's claim for £78 5s damages incurred in the collision.

Holding that the judgment of the Magistrate was right, his Honour dismissed the appeal with £7 7s costs.