Question of Indemnity

Manawatu Times, Volume 64, Issue 111, 13 May 1939, Page 7

Question of Indemnity

INSURANCE COMPAND CITED In tlie Palmerston North. Supreme Court yesterday John Cobbe and Co., of Eeilding (Mr J. Graham) proceeded against Stanley Stedman Viles, farmer, of Cheltenham (Mr A. M. Ongley) in an unusual action. In 1937 A. R. Skelton, an employee of Cobbe and Co., suffered injury in a collision between his firm’s car which he was driving, and another vehicle driven by Viles. Skelton, in a Supreme Court action, received £3OBI 19s by way of damages, of which £2750 was general damages and £331 19s special damages. The last amount included £lO7 18s being one-third of Skelton’s lost wages, Cobbe and Co. having paid him the other twothirds. The action in the Supreme Court yesterday was to recover from Viles £215 lls 8d which, represented the two--1 birds wages paid by tho firm and also £ll6 13s lid which was the cost of repairing tho firm’s car. Viles joined the N. I. M. U. (Mr 11. R. Cooper) as a third party to the proceedings, alleging that they were liable to indomity him. The N. I. M. U., however, denied liability.

Sir Hubert Ostler, after hearing counsel, entered judgment for plaintiff’s company against Viles for tho two amounts claimed, but reserved decision as to whether the N.I.M.U. was liable by way of indemnity.