APPEAL AGAINST DECISION

Southland Times, Issue 24681, 28 February 1942, Page 7

APPEAL AGAINST DECISION

MOTOR COLLISION CASE ARGUED A double collision near Wyndham nearly a year ago between a motorlorry and two motor-cars was the subject of a second court hearing when it was argued in the Supreme Court yesterday before his Hononur Mr Justice Kennedy on appeal from the Magistrate’s Court. The case was one in which J. R. Gibson and Sons, cartage contractors of Brydone, claimed £124/4/- damages from William Rankin Stirling, of Wyndham, retired farmer, Charles Milne, of Edendale, farmer, and Ellen Grace Milne, of Edendale, spinster, for a motor accident which occurred on the Edendale-Wyndham road on April 13, 1941. A motor-car- driven by Stirling collided with a motor lorry owned by the plaintiffs immediately after colliding with a car driven by Miss Milne. The plaintiffs alleged negligence on the part of Stirling and Miss Milne and contended that Miss Milne was driving a car owned by her father and as agent or employee of her father. Mr R. C. Abernethy, S.M., found that Miss Milne was negligent, but that Stirling was absolved from negligence. He also held that Miss Milne was not acting for her father. He gave judgment for £124/4/damages against Miss Milne with £lO 16/- costs, and judgment for both Stirling and Charles Milne. The plaintiffs appealed from the decision, disputing the magistrate’s finding that Charles Milne was not liable. Mr S. M, Macalister, for the appellants, submitted that the daughter was acting in the course of her employment by her father when driving the car. He contended that the decision of the magistrate on that point was wrong and should be reversed. He asked for judgment against Charles Milne. Mr Eustace Russell, for the respondent, submitted that the Magistrate had correctly found that Miss Milne was neither servant nor agent for her father. The authorities on the point showed that the plaintiff must prove ■agency in order to succeed. No evidence had been produced to that effect. His Honour reserved his decision.