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Stewart v Bridgens - [1935] NZLR 948

$30.00

Court of Appeal Wellington
19 September; 25 October 1935
Myers CJ; Reed J; Smith J; Johnston J; Fair J
Motor-vehicles — Insurance — Third-party Risks — Thief driving Stolen Motor-car intentionally dislodging and injuring Constable on Motor-car endeavouring to stop it and arrest Thief — Whether Constable "being conveyed in" or "entering" or "about to enter" Motor-car — Extension of Common-law Liability to make Owner of Motor-vehicle liable for Acts of Unauthorized Person — Whether extends to case of Thief driving Stolen Motor-car — Such Liability co-extensive with Indemnity given — Whether Injury caused by intentional Criminal Act of Driver of Motor-car an "accident" — Whether "use" includes Criminal Misuse — "Within the Scope of his authority in relation to . . . motor-vehicle" — Interpretation of — Motor-vehicles Insurance (Third-party Risks) Act, 1928, ss 3 (1), 6.

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