CLAIM FOR DAMAGES

Poverty Bay Herald, Volume LIX, Issue 17909, 13 October 1932, Page 4

CLAIM FOR DAMAGES

WAIROA AIR SMASH APPEAL COURT HEARING (Per Press Association.) WELLINGTON, last night. The hearing of the Appeal Court action in the case in which William Thomas Strand claims damages from' Dominion Air Lines Limited, in liquidation, arising out of the air smash at Wairoa in February, 1931, was continued this afternoon. Mr. P. G. Watson, for appellant, submitted that the plaintiff had to prove affirmatively that the breach of the regulation regarding the B license was the cause of Mr. Strand’s death, and that failure to have a B license either caused or contributed to the accident. It must be established that the accident was brought about by a. cause associated with Right’s medical history. The balance of the probabilities was in favor of the theory that the crash was caused by engine failure, which rendered a forced landing inevitable. There was no evidence, medical or expert, to show that the accident was caused by the physical or temperamental disability of the pilot. The evidence showed that the same accident might have happened to a pilot who was perfect physically. Finally, it was contended that, as the pilot knew that bis life depended upon his carefulness in flying, it was unlikely that he would be negligent.

Mr. P. B. Cooke, second counsel for the appellant, submitted certain propositions of law, which, he contended, barred the respondent from recovering damages. 'The Aviation Act, 1919, he said, gave no power to the Government to create an entirely new right of action. The, creation of such a right of action, unless power was expressly given by the Act, would be ultra vires of the regulations. The aviation regulations of 1918 were imposed purely for the protection of the public in general and did not bv their breach of purport give any special cause of action to anybody. They were a police measure, and were not intended to create a liability. The bearing was adjourned.