Mitchell v Walpole and Paterson Limited - [1945] NZLR 565

Insurance — Motor-vehicles (Third-party Risks) — Practice — Third-party Procedure — Law Reform — Joint Tortfeasors — Driver of borrowed Motor-car colliding with Motor-lorry — Passenger killed — Possible Tortfeasors — Husband of Passenger claiming Damages from Lorry-driver's Employer — Defendant pleading Contributory Negligence on part of Car-driver — Application for Issue of Third-party Notice to Owner of Borrowed Car — Third-party Proceedings against Insurers considered — Motor-vehicles Insurance (Third-party Risks) Act, 1928, s 6 (4) (c) — Statutes Amendment Act, 1938, s 40 — Law Reform Act, 1928, ss 4, 17 — Code of Civil Procedure, R 95.