Ritchie v Dunedin City Corporation - [1953] NZLR 899

Negligence — Road Collision — Contributory Negligence — Truck-driver giving no Warning Signal indicating Intention to make Right-hand Turn — Following Motor car Driver colliding with Rear of Truck — Change in Approach to Problem of Responsibility — Doctrine of Last Opportunity Obsolete — Both Acts of Negligence too closely connected to be severable — Both Drivers to blame — Damages Apportionable — Contributory Negligence Act, 1947, s 3(1).

Transport — Breach of Traffic Regulations — Driver failing to Signal Intention to Change Direction and Crossing Track of Following Vehicle — Driver of Following Vehicle in Breach of Duty as to Speed and Lookout — Breach of Regulation by That Driver not decisive on Question of Responsibility for Collision — Driver of First Vehicle not necessarily relieved by such Breach of Responsibility for His Conduct, in failing to Signal Change of Direction, precipitating Collision — Traffic Regulations, 1936 (Serial No 1936/86), Regs 15, 17(1).

Magistrates' Court — Practice — Appeal — Notice of Motion on Appeal referring to the Appeal as being "from the whole of the judgment except findings of fact therein contained" — Motion framed in Error — No Intention to limit Appeal to Question of Law — Error not be treated as Fatal to Appellant — Respondent given Opportunity of taking Adjournment if placed at Disadvantage — "Final determination" — Magistrates' Courts Act, 1947, ss 72(2), 77(2).