CONSTABLE INJURED

Taranaki Daily News, 28 October 1935, Page 11

CONSTABLE INJURED

ATTEMPT TO ARREST THIEF.

CLAIM FOR DAMAGES FAILS.

By Telegraph—Press Association.

Wellington, Oct. 25.

The Court of Appeal delivered reserved judgment in an action brought by Constable Stewart against E. G. Bridgens, Auckland, for injuries received whilst the constable was attempting to arrest the man who had taken Mr. Bridgens’ car at Auckland in September, 1933. The Court of Appeal heard argument on the question of liability on September 18, and by a majority of four to one the court held that the constable could not succeed. The Chief Justice, Sir Michael Myers, stated that he Was not prepared to express a view as to whether or not section 3 (1) of the Motor Vehicles (Third Party Risks) Act, 1926, extended the owner’s liability to the case of a thief who stole a car, because he held that the constable came within section 6 (4) C, which in any event excluded from the owner’s liability any person being conveyed in a motor.

In his opinion, moreover, there were other grounds fatal to Stewart’s case. He thought that where intentional injury was done, as in this case, the owner was not at law entitled to be indemnified

either for his own criminal acts or those of his agent, and the Act of 1928 could not extend his liability to cases where he was not indemnified by the insurance company nominated. •In addition, it could not be said that Intentional running down would come within the scope of any presumed authority of an agent. Judges Fair, Smith and Johnston agreed with the finding of the Chief Justice that Stewart- could not recover on the grounds that he was being conveyed in a motor-car at the time of the injury, but Mr. Justice Reed in a dissenting judgment held that he was entitled to succeed. Judgment was entered with costs in favour of Bridgens.