Appeal Unknown.

Feilding Star, Volume XV, Issue 325, 29 May 1894, Page 2

Appeal Unknown.

IMPORTANT TO LOCAL BODTES. J . (PER PRESS ASSOCIATION). Wbllin oton. May 28. ' Judgment was delivered in tbe case Tarry v. Taranaki County Council. In tbis case James Tarry sued the Taranaki County Council to recover damages for injuries sustained by < himself and his coach owing to the ' alleged neglect of the Council to keep one of its roads in repair. For tbe defence it had been pleaded that the - Council had not sufficient funds to keep all its roads in repair, and bad received no notice regarding the holes in which Tarry 's coach came to grief. ' The judgment of tbo Magistrate at New Plymouth was for defendant, on the ground tbat there bad been no contributory negligence on tbe part of the Council. Plaintiff then appealed. Mr Justice Denniston, in delivering judgment, said the point was a most important one as to whether in New Zealand local bodies were liable for accidents arising through non - repair of roads. No such action lay in England, and English common law must apply where statutory provision was not made to tbo contrary. The appeal was dismissed, but as tbe grounds of the decision in Court below vec not tenable and the grounds upon which the present decision was based, was not raised there, no costs would be allowed. Justice Richmond, concurred, basing his decision upon the law as laid down by Lord Hancan in Gibson v. tbe Mayor of Preston. In common liw no action could be maintained by one of the public for injury sustained through a highway being out of repair on account of mere nonfeasance on the part of the local body. It wonld require to be shown tlmt legislature laid speciul obligations upon the local body concerned, and tbe present was simply a case of non-feas-ance. Justice Williams and Justice Conolly agreed, as did the Chief Justice, who remarked that they were now taking a new departure. The [ appeal was dismissed.