CATTLE ON HIGHWAY.

New Zealand Herald, Volume LXVI, Issue 20242, 30 April 1929, Page 14

CATTLE ON HIGHWAY.

OBLIGATIONS OF MOTORISTS.

COLLISION AT CORNER.

STANDARD OF CARE AND SPEED.

[BY TEI-.EGR.AHI. —OWN COKnE.SrON DENT. ] PAPAKUKA. Monday.

A reserved decision of interest to motorists was given by Mr. F. U. Lcvien, S.M., in the Papakura Magistrate's Court to-day. 'I he case arose out of a collision between a motor-car and a cow on the Great South Road at Papakura last October. The motorist, Thomas Archibald Fellon (Mr. C. Mahony), sued the reputed owner of tho cow, Robert Aitchison (Mr. S. D. Rice), lor £3O 14s to cover damages to tho car and loss of use of tho car during repairs. The defendant counter-claimed for £l4 10s lor injury to tho cow, ioss of milk and cost of treatment for the animal.

Tho magistrate said the evidence, showed that the night was dark and rain was falling. Plaintiff's car aimed a bend in tho road and struck tho cow, which was being driven into Papakura by a drover. Plaintiff admitted thai he approached tho bend at a speed of 25 miles an hour and that, in turning it, the "ar lights shono across tho road and thus prevented good visibility until the car was on a straight route again. Tho magistrate commented that under theso circumstances plaintiff was bound to exercise such caro and to travel at such a speed that lie could stop almost immediately oil anything appearing on tho road in front of him. Tho drover was allowed by law to be on tho highway with cattle up to 8 p.m. at that time of the year, and there was no evidence establishing negiigenco on the drover's part. Judgment was given for tho defendant, Aitchison, on (ho claim, with costs, £6 15s 6d. On the counter-claim tho magistrate said the ownership of tho cow had not been satisfactorily established and judgment was given for the plaintiff, Felion, with costs, £4 17s.