OKAIHAU TRAGEDY

New Zealand Herald, Volume LXXVII, Issue 23620, 2 April 1940, Page 9

OKAIHAU TRAGEDY

APPEAL COURT SEQUEL CAR UNLAWFULLY TAKEN QUESTION OF RESPONSIBILITY [BY TELEORAPII —PRESS ASSOCIATION*J WELLINGTON, Monday On the-afternoon of June 16, 1939, the township of Okaihau, in North Auckland, was alarmed by a motor-car being driven at a terrific speed up and down the main street by a Maori named Paki, who had taken the car from a boarding-house in the township. On its fourth journey through the township it struck a, parked car, wrecking it and killing the occupant, Mrs. Annie Evelyn Marsh. The car driven by the Maori was owned by Norman Robert Absolum, a painter, of Kaitaia. Subsequently Richard Bertie Marsh, of Okaihau, husband of the deceased woman, issued a writ against Absolum, claiming £2522 on behalf of himself and his two infant children in respect of the death of his wife. The action was heard in the Supreme Court in Auckland in November, when tho jury awarded plaintiff, for himself and children, a total of £1750. Counsel for defendant, Absolum, then filed a motion asking for judgment for defendant or a new trial on the grounds that Absolum was not liable in that at the time of the collision Paki was unlawfully, in possession of tho car, and was drivin" in such a manner as to constitute a crime. Furthermore it was contended that the amount of damages awarded was excessive. p , This motion was moved into the Court of Appeal tor argument and was heard R. K. Trimmer, of Wliangarei, for Absolum, argued that Absolum was not responsible for Paki's actions! because the purpose of the Motor Vehicles (Third Party Risks) Act was to require owners to insure against their liability to pay da_mages, and the effect of the Act was simply to cieate a statutory insurance .policy insuring the owner against his liability at common law, as specifically fendedI by the Act. There was such a thing as wilful negligence as opposed to inadvertent negligence and were not liable to indemnify the owner in respect of loss arising put of the wilful negligence of the driver of the car If the indemnifiers were not liable to inrlennnfv Absolum then there was no liability on him for Paki's intended acts. t Decision was reserved.