CLAIM BY CONSTABLE

Otago Daily Times, Issue 22712, 26 October 1935, Page 24

CLAIM BY CONSTABLE

RUN DOWN BY STOLEN CAR OWNER NOT LIABLE IN LAW (Per United Press Association) WELLINGTON, October 25. The Court of Appeal delivered its reserved judgment to-day in the action brought by Constable Stewart against E. G. Bridgens, of Auckland, for injuries suffered whilst the constable was attempting to arrest the thief who stole the defendant’s car in Auckland in September, 1933. The Court of Appeal heard argument on the question of liability on September 19, and by a majority of four to one the court held that the constable could not succeed. The Chief Justice, Sir Michael Myers, stated that he was not prepared to express a view whether or not section 3 (1) of the Motor Vehicles (Third Party Risks) Act, 1928, extended to owners’ liability in the case of a thief who had stolen a car, because he held that the constable came within section 6 (4) c, which in any event excluded from owners the liability of any person conveyed in a motor car. In his opinion, moreover, there were other grounds fatal to the plaintiff’s case. He thought that where intentional injury was done, as in this case, the owner was not at law entitled to be indemnified, either for his own criminal acts of those of his agent, and the Act of 1928 could not extend his liability to cases where he was not indemnified by the insurance .company nominated. In addition,- it could not be said that , intentional runningdown would come within the scope of any presumed authority of t.n agent. Mr Justice Fair, Mr Justice Smith and Mr Justice Johnston agreed with the finding of the Chief Justice that Stewart could not recover on the grounds that he was being conveyed in a motor car at the time of his injury, but Mr Justice Reed, in a dissenting judgment, held that he was entitled to succeed. Judgment was entered with costs in favour of the defendant.