NEWLY-PORMED ROADS

Dominion, Volume 12, Issue 130, 26 February 1919, Page 4

NEWLY-PORMED ROADS

- ' V LIABILITY FOR DAMAGES TESTED. By Telegraph-Special Correspondent. Palmerston North, February 25. Reserved judgment was given to-day by Mr. E. Page, S.M., in a unique test case affecting the liabilities of local bodies in the matter of street improvement. The case, which was heaa'd a month ago, arose out of a civil claim preferred by B. Tucker, proprietor of the Club Hotel, against the Palmerston Borough Council for the recovery of .£49 16s. for damages to carpets on plaintiff's premises. The facts of the case were that the Borough Council tarred and eanded a strip of road opposite the Club Hotel' at the time of the last Winter Show, when, on account of the influx of visitors to the town, there was considerable traffic to and from the hotel. Ihe strip of road in question was simply in a condition of puddled tar, and there were several well beaten trails, to the barroom, dining-room, and upstairs, me hotel carpets and mats suffered in consequence. It was contended that the workwas carried out in a negligent manner and that if the local body had a permissive right to carry out such work in the borough, such work must be performed in such a. manner as not to be injurious to or become ■ a nuisance to private owners, and, further, that the Borough Council should have erected a notice warning the public that the tar had been freshly laid down The defence contended that there had been no negligence, and that the state of the road was caused by an unexpected heavy fall of rain some few hours after the work was completed. This was virtually an act of God, and the defendant body could not be held liable tor damages resulting from the same. In giving his decision, His worship said that the evidence had shown that in carrying out the work at the time at which it was carried out due care was not taken to prevent damages that was. likely to occur, therefore reasonable steps should also have been taken by the defendants, by wiring oft or Iby other means, to prevent or warn the public from using an unsafe and unfinished surface. Judgment would therefore be given for the plaintiff for £ik and £1 Bs. Bd. costs. Security for anneal was faxed.