THE RULE OF THE ROAD.
SUPREME COURT JUDGMENT. AN APPEAL DISMISSED. (Per United Press Association ) AUCKLAND, August 28. His Honor, Mr Justice Smith, dismissed the appeal by Victor Milton Simpson from the judgment of Mr W. E. MTKean, S.M., who found for L. C. Watson in an action for damages consequent on the alleged negligent driving of a motor car. His Honor (Mr Justice Smith), in his reserved judgment, referred to the “ offside ” rule which formed part of the basis of the applicant’s case, stating -that it was an excellent rule to regulate traffic, but was no defence whatever to negligent driving. He disagreed with the contention that the judgment of Mr Justice Ostler placed a different construction on the rule. The judge decided that special precaution must be taken by the driver of a vehicle debouching from a side road on to a main road, as if he did not, and an accident occurred, he would be guilty of contributory negligence, which might disentitle him to recover, even though the driver on the main road was driving negligently. The rule in no way lessened the duty of a driver, whether on a main road or a side road, to take reasonable care.
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Bibliographic details
Otago Daily Times, Issue 20499, 29 August 1928, Page 6
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203THE RULE OF THE ROAD. Otago Daily Times, Issue 20499, 29 August 1928, Page 6
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