THE FULL COURT

Dominion, Volume 12, Issue 185, 1 May 1919, Page 3

THE FULL COURT

HEAVY TRAFFIC ON ROADS

SOUTHERN CASE

Tlio case of Charles E. Bremner, engineer to the Waimato County Council, against Henry Ruddenklau, farmer, came before tho Full Court as a case stated.

On the Bench were the Chief Justice (Sir Robert Stout), Mr. Justice Edwards, Mr. Justico Chapman, Sir. Justice Sim, and Mr. Justice Hosking.

Mr. S. G. Raymond, K.C., with him Mv. H. 1 , , von Haast, appeared for Uio appellant, and Mr. W. E. Kinnerney and lir. L. 10. Finch for the respondent Bremner appealed from tho decision of Mr. V. G. Day, SiM., who had dismissed an information against Ruddenklau, who was alleged to have used a traction engine and two heavy traffic vehicles on a certain road on which their use was prohibited. The original information alleged 'that the offence occurred on July 13, 11)18, on tho Main South Eoad near Willowbridge, in contravention of « resolution of the council, the power to make which it was claimed by appellant had been 'delegated to the council by resolution, tho effect being to absolutely prohibit, lioiwy traffic on the road mentioned between July 4 and September 4, 1918. The Magistrate in Tiis judgment adopted tho decision of Mr. Justice Sim in the case of-Meredith v. Whitehead, and dismissed the information ■on the ground that the by-law was invalid by reason ot tho fact that the council was not authorised to delegate to itself by resolution the power of prohibition. The council claimed that it was so en. titled, and quoted the power of city councillors, by resolution, to prohibit heavy traffic in a city, -and the Court was asked to uphold this contention and reverse- the decision of the Magistrate. After hearing argument the Court reserved its decision.