TELEGRAMS. FIRE BRIGADES AND RULE OF

Evening Post, Volume LXXXI, Issue 86, 12 April 1911, Page 3

TELEGRAMS. FIRE BRIGADES AND RULE OF

THE ROAD, BOARD TO 4PPEAL. tB2 TELEGRAPH — SPECIAi TO THE POST.] • CHRISTCHURCH, This Day. Last week's court case, in which the 3?ir-e Brigade was cast in damages for injury caused to a ccbdriverby the fire plant when responding to an alarm of fire, was referred to by the chairman of the Fire Board (Mr. J. D. Hall) last evening. The court, he said, had found against the board on the facts, but the_ board's solicitor advised, that the case was suitable for appeal on ths law. "If we are not to have practically the right of the road," said Mr. Hall, "on occasions when the plant is responding ±o a call, it means that the money we spent in obtaining speedy and up-to-date appliances is not well spent, and is more or less wasted. It- is a curious fact that there is an entire absence of authorities in all law reports concerning the liability of the boa-xd in. such matters. This may be due to the fact that no on© ever brought an action against a Fire Board and successfully maintained it, or that it is the acknowledged right of the fir© plant to get there as soon as it can, regardless of persons using the •streets. That might well be argued in the ev«nt of an appeal, 'and ■I do not think it is desirable to do more than endorse the opinion, and act on ithe advice of our solicitor and take the case to the Supreme Court to ascertain .whether the powers conferred D3 r the •Act on our officer to proceed Avith all possible speed to the scene of a fir© absolves him from liability that would ibe sustained by any ordinary person except where there is gross negligence, such as failure to, ring the bell." It was resolved to authorise the solifcitor to proceed, with the appeal.