ROAD ACCIDENT

Timaru Herald, Volume CXLV, Issue 21153, 28 September 1938, Page 8

ROAD ACCIDENT

APPEAL AGAINST AWARD OF DAMAGES By Telegraph—Press Association WELLINGTON, September 27. The Court of Appeal is hearing .1 appeal from the judgment of Mr Justice Northcroft in a motor car accident case. J. B. Suisted and John Dickinson and Co. Ltd., are the appellants and the Mount Cook and Southern Lakes Tourist Co. Ltd. (A. G. Wigley and H. H. Walker) the respondents. In Mr Justice Northcroft s judgment the respondents were ths successful plaintiffs and the appellants the defendants. Suisted is manager of Dickinson and Co. and was driving a car at f s time of the accident in the course of his employment. Wigley was driving a service car for the Mt. Cook Company. Walker is attorney for Madame Van Tenunen, a Dutch tourist who was a passenger in the service car. The Mt. Cook Company sued for the loss of the service car and Wigley and Madame Van Tenunen for injurie-. the total of the claim being £l2Ol. The accident took place in November, 1935, in the Kawarau Gorge between Cromwell and Queenstown. When rounding a bend the appellant’s car and the service car met. the service car being forced over the outside edge of the road with a result that it fell into the Gorge. At the trial, Mr Justice Northcroft found that the service car’s speed was not excessive and the appellant’s car being too far out towards the centre o£ the road was the essential cause of the accident. The respondents obtained judgment for a total of £952. Legal argument was heard to-day and the court adjourned.