CLAIM FOR DAMAGES.
SEQUEL TO A COLLISION.
DEPRECIATION OF MOTOR-GAR.
Ad interesting case was commenced before Mr. W. R. McKean, S.M., in the Magistrate's Court yesterday, when Dr. M. R. Rhodes (Mr. GouJdJ, of Takapuna, sought to recover from the Takapuna Tramways and Ferry Company, Ltd. (Mr. Leary), £118 7s for damage and depreciation of his motor-car as the result of a. dray colliding with it. It was alleged that the defendant company so negligently omitted to maintain the roadway on each side of the tram rail, contrary to its legal duty, that the rail stood above the level of the street lo the danger of traffic, with the result that the dray skidded on the rail and coiiided with plaintiff's car. The dray was laden with iron rails, which projected over the vehicle, and coal. The defence was: (1) That there was contributory negligence on the part of plaintiff, as shown by his evidence; (2) that it the accident were the result of anybody's negligence, as between the company aad the driver of the dray, the negligence was on the part of the driver; and (3) that the evidence of plaintiff had shown no connection between the skid on the rail and the accident.
The case was not concluded when the Court rose.
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Bibliographic details
New Zealand Herald, Volume LIX, Issue 18018, 17 February 1922, Page 8
Word Count
214CLAIM FOR DAMAGES. New Zealand Herald, Volume LIX, Issue 18018, 17 February 1922, Page 8
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