CARS IN COLLISION.

Star (Christchurch), Issue 16905, 2 December 1922, Page 13

CARS IN COLLISION.

FARMERS’ APPEAL ALLOWED.

Aii appeal against a decision of Mr Wyvern Wilson, S.M., in Thomas Erickson, farmer, v. David Anderson, farmer, has been upheld by his Honor. Mr Justice Adams. Plaintiff claimed £ll6 7s damages on account of a collision between motor-cars belonging to the parties at* the corner of Middle Lincoln Road and Junction Road on February 24, 1921. The Magistrate held that both parties were to blame, and gave judgment for Anderson on the claim and for Erickson on a coun-ter-claim made by Anderson for £137 16s Id. The appeal against the Magistrate’s decision was made by Erickson. His Honor said that Erickson was entitled to assume that Anderson, being on his wrong .side, would turn to his proper side. Had Anderson done that, and Erickson continued on his first course, a collision would have been inevitable, and Erickson would have beep inevitably in the wrong- Erick' eon adopted the- cnlv proper course, from the point at which, according to Anderson, the driver of each car could cee the other, to the point of impact. The appeal was allowed with £lO 10s costs, and the case was remitted t-o the Magistrate to remit damages sustained by Erickson, with a direction to give judgment for Erickson for these damages, with costs according to the Magistrate’s Court scale. Mr J. H. Upham appeared for appellant, Erickson, and F. W. Johnston. with him Mr E. W. White, for respondent, Anderson.