UNUSUAL CASE.

Manawatu Herald, Volume LIV, Issue 4415, 8 November 1934, Page 3

UNUSUAL CASE.

DAMAGES AGAINST OWNER OF

STOLEN ICAR,

Wanganui, November 6,

Damages totalling £2OO were awarded by a jury, in the Supreme Court to-day in settlement of a claim of an unusual nature arising out of the theft of a motor car and the subsequent death of a lad of 18 years of age, resulting from a collision between the stolen vehicle and a cycle the lad was riding. The father and mother of the boy, under a privilege permitted them by legislation governing the third party risk, proceeded against the owner of the car for £IOOO, alltgnig that it was through his agent’s negligence that the boy had met his death and they had suffered pecuniary loss to the extent of the claim. The facts, which were admitted bv defendant, were that Tremewan’s car was stolen from Ridgway St., on July 5, by a man named Payne, now undergoing a term of imprisonment for negligent driving. Payne had driven out to Putiki and there had struck a bov, Harold Leslie Pickering, who, on July 12, succumbed to the injuries he received. Deceased, when alive, contributed to the support of his father and mother to the extent of £1 per week and by his death they had suffered pecuniary loss,in that there was every reason to believe that as his wages jjrew to what it was possible for him to get in his employment —£4 a week —he would pay the whole in, toward the family fund.

Counsel said that although the car was stolen at the time of the accident that did not absolve the owner because under the existing law, a man who stole a vehicle was an owner’s authorised agent. Evidence was called to show that the boy was earning £1 and paying it all into the family fund and deriving therefrom his feeep, clothes, and pocket money. In addition ho spent much of his time at housework as his mother was a partial invalid.

The jury returned with a verdict in favour of £2OO damages, the whole of such sum to be paid to the mother of the boy. Costs were allowed according to scale.