IN THE COURTS

Gisborne Times, Volume LXXIII, Issue 11767, 14 October 1932, Page 7

IN THE COURTS

\V Mf.ROA AIR SMASH

LEGAL ARGUMENT IN APPEAL COURT (Press Association • WtELLIRNGTON. Oct. Iff. In the Appeal Court case of Dominion Air Lines v. Strand. Alt' Cooke continued the argument that the aviation regulations of 1918 were purely police regulations, and not intended to create a civil liability. TJie regulations, he said, provided a uniform penalty for a broach of many widely differing provisions, many of which, such as the provision against flying over fortifications, had no reference to the safety either of passengers or tlu> public in general. Tile fact '.bat the regulations were expressly stated to be provisional regulations was a clear indication, that the regulations were not intended to alter or extend the existing forms ot civil liability. The case for the respondent opened this afternoon 31r 1. P. Cleary, who with 31 r M. t>. Barnett, is appearing for Strand, said he placed great importance on two factors, namely, tlic direction of the wind in relation to tho plane, and the speed at which the plane was travelling. He submit teu that Knight’s action in attempting •Jo turn into die wind alter coming down the wind at a low altitude and «■ low rate of speed was highly negligent. Even if the argument ol the appellant that the engine of the plane had failed before tbe crash were correct, the conditions which rendered it impossible for the pilot- to get out o. his own difficulty were brought about bv his own deliberate act. .11 that argument was sound, then the question of engine trouble was lmniatei'--ial, and the pilot iu any event shou d luive maintained sufficient altitude and attained sufficient speed to enable him to turn into the wind. The Court adjourned until to-mor-row.