APPEAL DISMISSED

Hawera Star, Volume LI, 8 June 1931, Page 5

APPEAL DISMISSED

_ *■ AIANAIA COLLISION CASE. On Saturday morning at the Supreme Court, New Plymouth, Mr Justice Reed heard an appeal in which James John Patterson, of Manaia, was appellant, and Mrs Catherine Sutton and Harry Sutton, of Manaia, were respondents. The appeal was dismissed, the respondents being allowed £7 7s costs and disbursements. The appeal was from a judgment delivered by Mr R. W. Tate, S.M., at Manaia on February 27 in respect of a civil claim by Patterson against Mr and Mrs Sutton for £229 14s 6d damages for the alleged negligence of Mrs Sutton in iso driving a motor ear on July 24, 1927, that it collided with Patterson’s car at the intersection of the Main South Road and the Lower Normanby Road and caused damage. In his reserved decision the magistrate held that, taking Patterson’s speed as he assessed it himself (20 miles per hour), he crossed the intersection in breach of the by-law which prescribes 12 miles per hour, which breach was prima facie proof of negligence. Each party was negligent in not seeing the other in time to avoid collision, that was, in not exercising a proper look-out, and the negligence of each contributed to the collision. Without the negligence of both of them the accident would not have occurred, and so neither oould recover from the other. He accordingly entered judgment for the defendants, with costs.

After hearing legal argument his Honour upheld the magistrate’s decision and dismissed the appeal. At both hearings Air P. O’Den appeared for Patterson and Mr John Houston for Air and Airs Sutton.