APPEAL GRANTED

Waikato Times, Volume 126, Issue 21083, 9 April 1940, Page 7

APPEAL GRANTED

PRIVY COUNCIL RULING DAMAGES FOR MOTOR-CYCLIST (By Telegraph.—Special to Times) AUCKLAND, Monday The Privy Council allowed the appeal of Holford Stewart, of Auckland, from a decision of the New Zealand Court of Appeal, arising out of a claim for damages, according to cabled advice received by Messrs Holmden and Horrocks, solicitors, of Auckland. The case was heard in England by the Lord Chancellor, Lord Caldicott, Lord Sankey, Lord Thankerton, Lord Russell of Killowen, and Lord Roche, and occupied two days. Outlining the case to-day, Mr Holmden said that in 1935 the plaintiff Stewart was injured when his motor-cycle struck an unlighted motor-car on the Rangiriris. The motor-car belonged to G. A. F. Hancock, of Auckland. In July, 1936, Stewart claimed £ISOO and special damages from Hancock, for whom Messrs Towle and Cooper acted. The case was heard before Mr Justice Fair and a jury of 12, and the jury awarded £IOOO and special damages. The defendant Hancock appealed to the Court of Appeal, comprising Mr Justice Ostler, Mr Justice Smith and Mr Justice Johnston, and in a decision given in April, 1937, the Court reversed the decision of the Supreme Court, giving judgment for Hancock. It was a majority verdict, Mr Justice Smith dissenting. This was followed by an appeal by Stewart to the Privy Council.

The defence to the claim, Mr Holmden said, was an allegation that Stewart had been guilty of contributory negligence in that he should have seen the car had he been keeping a proper look-out, and that he had not obeyed the regulations that provide that a motorist shall not drive at a speed at which he cannot stop in half the clear distance ahead. The plaintiff claimed negligence on Hancock’s part by leaving an unUghted motor-car on the road.