Drivers Sued by Passengers

Northern Advocate, 18 February 1939, Page 6 (Supplement)

Drivers Sued by Passengers

The liability on motorists who give their friends rides was illustrated in a reserved judgment case given by Mr S. L. Paterson, S.M., in an unusual civil action heard by him at a recent sitting of the Morrinsville Magistrate’s Court. As a sequel to a collision between a light car and a cream 1 lorry at Kiwitahi, the drivers of both vehicles were proceeded against by two women, who were passengers in the car. Plaintiffs were Miss A. S. Laird and her mother, Mrs A Y. Laird, who claimed'£9s 15/and £56 15/- respectively from William John Neels, driver of the car, and Arthur Cecil Cochrane, driver of the lorry.

Evidence was given that the car and lorry collided in the middle of a bridge over a small stream about six miles from Morrinsville. Neels stated that he was travelling slowly in second gear and had seen the lorry approaching. He considered that he would have ample time to cross the bridge before the lorry reached it. Counsel for Needs applied for a non-suit as regards Neels, claiming that there was no evidence against him. Counsel for Cochrane called no evidence, but submitted that Cochrane was not travelling at an excessive speed and that Neels was partly to blame, \ Judgment was given for plaintiffs against the defendants jointly. Miss Laird was awarded £6O and Mrs Laird £25.

In his comment on the evidence the magistrate stated: “It is contended on behalf of Neels that he is not guilty of negligence. Negligence is the failure to exercise ordinary care under the conditions prevailing. Neels says he did see the other vehicle, and he considers that he exonerated himself from blame by sounding his horn before crossing the bridge. The plain fact is that after seeing the other vehicle coming towards the bridge he carried on. That was ncgigience, and it contributed materially towards the collision.”

The women passengers in Neel’s car were neighbours whom he had been giving a ride to town to do their shopping