CLAIM FOR DAMAGES

New Zealand Herald, Volume LXXIV, Issue 22860, 15 October 1937, Page 16

CLAIM FOR DAMAGES

INDEMNIFIED LIABILITY VERDICT FOR PLAINTIFF [BY TELEGRAPH—PRESS ASSOCIATION] WELLINGTON. Thursday The Court of Appeal delivered judgment in the case of. the Commercial Union Assurance Company, Limited, against the Colonial Carrying Company of New Zealand, Limited. The original action was one for damages, m which the Commercial • Union Company had been joined as a third party as the statutory indemnifier. John Patrick Mathews, who was injured while assisting in wheeling bales of paper from a lorry of the defendant' company, was awarded £1520 general and special damages, with costs, which were paid by the defendant carrying company. An originating summons was then issued by the plaintiff assurance company to determine whether it wns liable to indemnify the Colonial Carrying Company in respect of its liabilitv to Mathews as a result of an "accident caused by or through or in connection with the use of a motor vehicle within the meaning of section 6 (1) ot the Motor and Vehicles Insurance (Third Party Risks) Act, 1928 iTTwt u 'lV co ' Sir Micbaei Mjcrs, held that the t©rin * c uso, J ' as therein employed, necessarily implied negligent use of a motor vehicle as such. In the present case there was no negligent use of the lorry, and accordingly the question asked must be answered in the negative. Separate judgments coming to the same conclusion were delivered by Mr Justice Ostler, Mr. Justice Smith and Mr. Justice Fair.