CLAIM UPHELD

Hokitika Guardian, 26 September 1940, Page 2

CLAIM UPHELD

A claim under the Law Reform Act, 1.930, for indemnity or contribution from a driver involved in a motor accident was heard recently by Mr Justice Fair* in the Supremo Court, Auckland. The accident occurred on October 17 last at the corner of -Great North Road and Portage Road, when a motor-car driven by Henry Hamilton Sheldon came into collision with one driven by Reddish’s car. A passenger in Reddish’s car was Mrs Beatrice Dorothea Mortlock, who suffered broken ribs and collar-bone and other injuries. For this she brought a claim for damages against Sheldon, which was settled out of Court by the payment of £3BO by Sheldon to her. In yesterday’s action Sheldon brought a claim against Reddish as third party for indemnity from the payment of this sum, alleging that the accident was due to various acts of negligence on Reddish’s part. Reddish denied negligence and alleged that the cause of the accident was negligence on Sheldon’s part. f Mr Meredith appeared for. the plaintiff Sheldon and Mr North for Reddish. Collision at Corner Mr Meredith said that Mrs Mortlock was Reddish’s mother. Sheldon was coming slowly out of Portage Road and was about half way across the Great North Road when he was run into by a small car coming from New Lynn. This car, driven by Reddish, struck his left front mudguard, and careered on to the Whau Bridge, where it turned completely round. A door swung open and Mrs Mortlock fell out. It was a case in which the righthand rule applied. Sheldon gave a similar description of the accident.

Mr North submitted that under the Law Reform Act before an action for contribution could succeed the defendant must be held guilty of negligence materially contributing to the accident. The two cars had separated and come together again, and it was in /he second impact that Mrs Mortlock was thrown out and injured. The general rule of law was that drivers coming from a side street on to a high road must proceed with the utmost caution and had not right of way.

Apportioning Blame In his account of the accident Reddish said the hub of Sheldon’s left front wheel struck his car, Sheldon had accelerated to about 15 miles an hour just before the collision. Witness just carried right on when he saw Sheldon’s car.

His Honour said that Reddish had been negligent in failing to give way and in failing to keep as rear, as possible to the left, and bis negligence did materially contribute to the accident, but it had not been proved that Pheldon was guilty of negligence. Sheldon was entitled to an indemnity for the full amount paid with costs, and the third party. Reddish, was ordered to indemnify him accordingly. This judgment was given subject to the question of law whether in proceeding Under the Law Reform Act the Court is required to proceed on' the assumption that the defendant has been negligent in some deg^e.