OFF-SIDE RULE

Sun (Auckland), Volume II, Issue 444, 28 August 1928, Page 13

OFF-SIDE RULE

NO EXCUSE FOR LAXITY JUDGE DISMISSES APPEAL In a judgment delivered in The Supreme Court this morning Mr. Justice Reed dismissed the appeal of Victor Milton Simpson against the judgment of Mr. W. R. McKean, S.M., in respect of a collision between his car and one driven by L. G. Watson. Simpson claimed damages, but th«magistrate dismissed the case. The accident occurred in daylight it the intersection of Dominion and Walters Roads. The magistrate found that the accident, which considerably damaged plaintiff’s car. was partly caused through his own negligence. Watson was turning out of Walter’s Road. Simpson’s brother, who was driving along Dominion Road toward the city, was of the opinion that it was not his j duty to look down Walter's Road at all. 1 He said in evidence: ‘‘l looked to the j right and proceeded straight on to t observe the off-side rule." “This is an excellent rule to regulate traffic, but is no defence what- , ever to negligent driving," said his Honour. “The driver here seems to have construed it as entitling him to drive as he pleased along the main road utterly regardless of possible traffic from streets coming in on his left."' “I think that the magistrate was justified in finding that the negligence of the plaintiff's driver contributed to. if it was not. indeed, the sole cause of. the collision,” concluded bis Honour. In dismissing the appeal the court j allowed £ls 15s costs.