SEQUEL TO COLLISION.

New Zealand Herald, Volume LXVIII, Issue 20900, 16 June 1931, Page 12

SEQUEL TO COLLISION.

A MAGISTRATE'S DECISION. DISMISSAL OF APPEAL. [from ouk own correspondent.] HAMILTON. Monday. The decision of Mr. Wyvern Wilson, S.M., in non-suiting Richard Graham Aitkcn, saddler, Frankton (Mr. W. J. King), in a claim which ho brought against Douglas Shaw, lorry driver, Hamilton (Mr. N. S. Johnson), for damages totalling £66 12s 3d, formed the subject of an appeal before Mr. Justice Herdman in the Hamilton Supreme Court to-day. Mr. King explained that the claimarose out of a between a car appellant was driving and a lorry driven by respondent, which occurred at an intersection at Frankton. Mr. King contended that the magistrate's judgment was not based on the actual facts as ho found them.

After hearing argument, His Honor said the magistrate seemed to have based Ilia decision largely on tho fact that ho had disbelieved plaintiff's story. There seemed to be some justification of this disbelief. Had plaintiff done what ho should havo done and kept to his proper courso no accident would havo happened. Had plaintiff observed the right hand rule and on turning the corner had ho observed the other vehicle as he stated approaching at a rapid rate on tho wrong side, it was his duty to have stopped. Tho appellant had not satisfied tho Court that the magistrate's decision was wrong. The appeal was dismissed with £7 7s costs.