INVOLVED MOTOR CLAIM

Taranaki Daily News, 7 August 1930, Page 16

INVOLVED MOTOR CLAIM

JUDGMENT -AT PALMERSTON.

By Telegraph.—Press Association. Palmerston N., Aug. 6. Reserved judgment on a legal issue involving a husband’s responsibility in an action for negligence brought against, his wife in consequence of an act of a third party engaged by the wife was delivered by Mr. Justice Smith. The case was one in which Allan McKenzie Black sued Elizabeth and John MacFarlane, Levin, for damages arising out of a collision. The car of the defendant Elizabeth MacFarlane was being driven by her son. His Honour said at the trial that the hearing appeared to proceed upon the basis that both husband and wife were, liable to judgment in the form claimed. Plaintiff established negligence on the part of Elizabeth MacFarlane’s driver, and leave was reserved for plaintiff to show cause why judgment should not be entered against the husband as well as the wife.

In the course of a lengthy judgment tort depended exclusively upon the legal consequences flowing from the sole ownership of the chattel independently of her husband. Such liability did not exist at common law. The husband had no interest in the car in the present case, and it followed that the wife was not liable at common law for the tort alleged. It followed also, that the husband could not be made liable, since at common law he was joined with her only for conformity. Discussing a preceding judgment in similar circumstances his Honour said the view expressed was that an innocent husband was liable to be sued at common law jointly with his. wife for the actual personal negligence of his wife while driving a vehicle, but was not liable to be sued for the actual personal negligence of a third party, when the wife’s liability for the negligence of that party arose only from her sole ownership of the chattel. Judgment was entered against Elizabeth MacFarlane in respect of her separate estate for £471, and the defendant John MacFarlane was dismissed from the action.