COLLISION WITH TRAIN

New Zealand Herald, Volume LXX, Issue 21392, 17 January 1933, Page 12

COLLISION WITH TRAIN

CROWN CLAIMS DAMAGES CAR DRIVER TO PAY £25 [by telegraph —own correspondent] ROTORUA. Monday Reserved judgment was given in the Magistrate's Court to-day by Mr. S. L. Paterson, S.M., in a case in which the Crown sued C. D. Smith and T. Thompson for damage to a railway train through a collision at Koutu crossing with a car which Thompson was driving. Ihe car was owned bv Smith.

It was alleged that the accident was caused by Thompson's driving in a negligent manner. The magistrate said that Thompson was emplovcd by Smith as a general hand and part of his duties consisted in driving tho car, and he was called upon to order groceries for the house when required. Smith resided a few miles out of Rotorua and frequently allowed Thompson the use of his car for his own purposes. The day ' of the collision was Thompson's day off and Smith had given him permission to use the car without attaching any conditions. While Thompson was in town he bought some groceries for the house and on his way home ho came into collision with the train, evidently through negligent driving. The magistrate found that at the time of the collision Thompson was not acting in the course of his employment so as to lender his master answerable for negligence. Judgment was given for defendant Smith, with costs, and against the defendant Thompson for the amount claimed, £25 for damage to the train, together with costs.