CREAM STANDS

Bay of Plenty Beacon, Volume 1, Issue 3, 26 April 1939, Page 5

CREAM STANDS

— o— COUNCIL'S LIABILITY IN CASE OF ACCIDENTS SATISFACTORY LEGAL OPINION The Whakatane CoUnty Council at its meeting on Monday hail before it a legal opinion on the cection of cream stands and the council's lia« bility in the case of accidents; The opinion mentioner inter alia thai where cream stands have been, erected on roadsides without the permission of the council the liability for an accident would in the first n'ace fall noon the persons erecting sujh -tands. but if the council was aware that the stands had been erected, in such cases an 'action against it would probably be successful on the ground that having the power to enforce the removal of such obstruct'ons the eounc'l failed to exercise its Icgftl; dutv. Snch a duty would arise in all cases where the stands had been so placed as to be likely to be a source of danger to traffic. Where the council has'given nev. mission, and the stands have been erected in positions approved by the council it would liable in case of ae cident, only if the stand so erected was one that would interfere with traffic or if otherwise a nuis*nc<* was created bv reason of the erection of such stand. In counsel's opinion it wou.Hl be advisable foir county councils on garnting any license to erect a cream stand on the road, to obtain in the first place a bond indemnifying the council from any claims made against it in respect of the erection of. such stand. In all cases where stands have been erected without permission, the council to protect itself from possible claims should take steps to see that the o\yners apply fn- license, and that in cases wher? cream standsarc in dangerous positions stands be removed to positions approved of by the council's engineer. The works committee recommend, ed that no further action be taken to have the relative statute amend, cd, an lth t t ! 'e Main Hi ihways Board be requested to indicate its policy respecting cream stands on highways. The council's risk was small said the chairman, and he thought the opinion was satisfactory.