A BOROUGH COUNCIL'S LIABILITY

Dominion, Volume 12, Issue 107, 30 January 1919, Page 3

A BOROUGH COUNCIL'S LIABILITY

INTERESTINGTCMIM BY HOTELKEEPER. By Telcsrapli.-Special Correspondent. Palmerston North, January 28. A case of a .rather unique nature and of special interest to local bodies was brought on in the Court to-diiy in Hie shape of ft claim for .£$ 16s. lid. preferred against the Borough Council l>y H. B. Tucker, proprietor of Hie Club Hotel. The claim was for damage to carpets on plaintiff's premises caused through" deposits of tar carried in off Church Street on the boots of hotel patrons. Several months ago the Borough Council tarred and sanded the strip of road in ■•Church Street opposite Tucker's Hotel. This was about the Winter Show period, when on account of the influx of visitors to Palmerston there was considerable traffic to and from the hotel. The strip of the road in question was eimply in the condition of .puddled tar, and as a result of the constant stream of traffic across the road into tho hotel there vere several wellbeaten tarred trails 'ending into tho bar room, dining hall, and upstairs, lho hotel carpets and mats suffered severely in consequence. It was contended time if tho local body had permissive right to carry out work in the borough such worlc raust bo performed in 6iich a manner so as not to be a nuisance or injurious to private interests. In tho enso in point it was urged that the work had been performed in a negligont manner. The borough had sent a man io the hotel to clean the carpets, but after putting in two or throe days at the work ho gave it up as useless. The defence denied negligence, and contonded that tho strife of the tarred strip was duo to an act of God in the shape of rain. Further hearing was adjourned.