MOTOR MISHAPS

New Zealand Herald, Volume LXX, Issue 21553, 26 July 1933, Page 10

MOTOR MISHAPS

CLAIMS FOR DAMAGES JUDGE SUGGESTS NEW RULE "With the progress of civilisation <it is time, I think, that the rule of the Admiralty was applied in these cases," said Judge Williams in the County Court in Melbourne recently, after he had heard much conflicting evidence about a motor accident which occurred at a street intersection. Each driver alleged that the other was negligent. Judge Williams eventually suggested that the parties should try to settlo the action during tho midday adjournment. After lunch counsel intimated that the suggestion had been accepted, and, at their request, tho case was struck out. Judge Williams was referring to an Admiralty rule which permits an Admiralty Court to award damages according to tho degree of negligence found against each party to an action for damages arising out of a shipping mishap. Special legislation was necessary to enable Admiralty Courts to apply this rule, and similar legislation would be required to permit civil Courts to apply it in claims for damages arising out of motor accidents. At present the Courts are bound by the common law rule, which does not permit a judge to award damages according to the degree to which each driver was negligent.