DRIVER OF ARMY CAR
LEAVE TO DEFEND CLAIM FOR DAMAGES
(Special) WELLINGTON, June 16.' Leave to defend has been granted by Mr A. M. Goulding, S.M., in the case in which Albert Comfort, an accountant, is seeking from Lieutenant CD. Velvin damages alleged to be due as the result of a motor accident involving a car driven by Velvin in the course of his military duties. Velvin's notice of intention to defend was filed late. Counsel for Comfort, Mr Rollings, criticised the Army Department, which, he said, was using laws as a shelter against claims by the public for damage done by army vehicles, and was leaving the public to sue the individual soldier concerned. , The magistrate said he thought the plaintiff himself anticipated that the Crown would not shelter behind the provisions of the Crown Suits Amendment Act, but in that he was mistaken. So also was the defendant, who seemed to have acted on the assumption thai the army would recognise responsibility for his actions. He acted in the usual way on receipt of the summons, by forwarding it to the adjutant of his unit. It was not until May 18 that the army authorities informed the defendant that they were taking no responsibility for his action, and it was then too late for the defendant to file notice of his intention to defend.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/ODT19420617.2.36
Bibliographic details
Otago Daily Times, Issue 24944, 17 June 1942, Page 4
Word Count
226DRIVER OF ARMY CAR Otago Daily Times, Issue 24944, 17 June 1942, Page 4
Using This Item
Allied Press Ltd is the copyright owner for the Otago Daily Times. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons New Zealand BY-NC-SA licence. This newspaper is not available for commercial use without the consent of Allied Press Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Log in