COURT OF APPEAL

Otago Daily Times, Issue 21775, 14 October 1932, Page 5

COURT OF APPEAL

SEQUEL TO FATAL AIR CRASH

(Per United Press Association.’ WELLINGTON, October 13

The Court of Appeal is hearing the case of Dominion Airlines, Ltd., v, Strand. This case on appeal was argued before the Court of Appeal in July last. It presents considerable legal difficulties and the Court of Appeal asked for argument to be represented to another Bench of Judges consisting of the members of both, divisions of the court, and that was done to-day. -On the Bench were the Chief Justice (Sir Michael Myers), Mr Justice MacGregor, Mr Justice Ostler, Mr Justice Smith and Mr Justice Kennedy. The case for the respondent was opened this afternoon. Mr- T. P. Cleary who, with Mr M. O. Barnett, is appearing for Strand, said he placed great importance on two factors, namely, the direction of the wind in relation to the plane and the speed at which the plane was travelling. He submitted that Right’s action in attempting to turn into the wind after coming down the wind at a low altitude and a low rate of speed was highly negligent. Even if the argument of the appellant that the engine of the plane had failed before the crash were correct, the conditions which rendered it impossible for the pilot to get out of his own difficulty were brought about by his own deliberate act. If that argument was sound then the question of engine trouble was immaterial, and the pilot in any event should have maintained a sufficient altitude and attained sufficient speed to enable him to turn into the wind.

The court adjourned until to-morrow.