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Star (Christchurch), Volume XLIV, Issue 300, 18 December 1931, Page 14

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f AUCKLAND, December 18. Holding that the Magistrate had, in effect, constituted himself a witness in the case, Mr Justice Smith to-day allowed an appeal in the action in which a man, whose cow had been injured by a lorry, claimed damages for negligence. The Judge said that the Magistrate, after the case closed, had himself conducted an experiment to inform himself on an important point concerning the speed of the lorry. This he had done, no doubt with the best intontions, but without the knowledge of the parties to the case. The Judge took the exceptional course of ordering that the case be re-heard by the Supreme Court, as, he said, it was not desirable to send it back to the Magistrate. TUG NOT GOING. .The tug Lyttelton was to have left at 3 p.m. to-day in order to search for the Breeze, but the arrangements were cancelled. STORM IN THE SOUTH. The Canterb-ury Automobile Association has been advised by telegram from Dunedin, that there have been heavy thunderstorms in the Lindis Pass, and a large washout occured between Dip Creek and Appleby. The Public Works staff are giving the roads attention, and hope that the roads will be open for traffic in three days time.