AN APPEAL DISMISSED.
A COLLISION CASE. Judgment was delivered in the Supreme Court this morning by his tttmJ 01 " d ustce Herdman in the case, U ilbam Matthew Reynolds (Mr F. W 7 . Jobnsten) v. "Waimairi County Council li F vr d ' Bengali), an appeal from the Magistrate’s decision in a claim for damages arising out of a collision between a bicycle ridden by appellant and a trap in Marshlands Road. Reynolds contended that a stack of drain pipes owned by the council caused the horse m the trap to shy and so bring shout the collision. His Honor said that he had come te the conclusion that the appeal should bo dismissed. When the decision of a Magistrate depended upon facts which were m dispute, then the Court would not interfere with the conclusion of the Magistrate, unless it was demonstrably wrong. In the present case certain facts were not disouted. The thafTh« ate m ay have been of opinion that the cause of the horse shving had Pr ° Ted ; and for that. reason alone ho was, of course, bound to refuse appellant relief. He thought Sntl d >!f ndarit CO u, ndl did «H‘that it tl,„ rensonabl >’. expected to do, A prconma of the injury I^L b T the ."PPellant was in doubtthe appeal would be dismissed, with 4S costs. '
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https://paperspast.natlib.govt.nz/newspapers/TS19190926.2.83
Bibliographic details
Star (Christchurch), Issue 12755, 26 September 1919, Page 7
Word Count
222AN APPEAL DISMISSED. Star (Christchurch), Issue 12755, 26 September 1919, Page 7
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