CLUB NOT LIABLE

Taranaki Daily News, 5 June 1935, Page 7

CLUB NOT LIABLE

CAR DAMAGED BY AEROPLANE. ECHO OF HAMILTON ACCIDENT. Reserved judgment was delivered in the Magistrate’s Court at Hamilton on Saturday by Mr. S. L. Paterson, S.M., m a case in which Ebbett Motors Ltd., Hamilton, sued the Western Federated Flying Club, New Plymouth, and Kenneth Bartlett, Hamilton, for £129 15s 4d damages as a result of a collision between an aeroplane belonging to the club and a motor-car owned by the plaintiff. The magistrate found that the Western Federated Flying Club was not liable for the damage caused and entered judgment against the plaintiff on that claim, with costs to the club. Judgment, however, was given against Bartlett, the pilot, who was ordered to pay tne xuii amount claimed with costs. The accident occurred on December 10, 1933, when Bartlett was endeavouring to start the plane’s engine, (pie throttle of the machine had been left open ana it careered round , the ground, colliding with the motor-car. . The magistrate held that in this instance the club was not responsible because the damage was net sustained when the machine ' was either taking off or landing or in course of flight. The pilot was not in the machine. Mr. N. S>> Johnson appeared for tne plaintiff company and Mr. L. M. Moss, New Plymouth, for the Western Federated Flying Club.