CARRIER'S CLAIM

Hawke's Bay Herald-Tribune, Issue 198, 7 September 1937, Page 8

CARRIER'S CLAIM

Negligence AHeged Against H.B. County Allegiug negligence on tho part of the Hawke's Bay County Couucil in allowing a culvert on the Waihua road to becoine dangerous to trafiic, a Hastings carrier, l)avid Walker, is claiiniug the sum of £177 1/2 from tbe council as .dauiages in an action before Mr J. Miiiur, S.M., iu tlie Napier MagisLrate's Court to-day. The claiui is a sequel to an accident in which oue of the plaintiii' 's- trucks overlurued on Fobruary 25, 1936, a sbeep crate being sniashed and 28 of a ioad of fat lamb© ki'lled. lt is oxpected tbat tbe heariijg of tbe case wili occupy the whole day. Mr M. E. Grant appearcd for the plaintilf and Mr H. B. Lusk for tbe council. lt was stuted by tbe plaiutiff tbat in tlic galo of February, 1936, damago was eaused to a culvert ou tlie Waihua road^ the lower side boing broken uway. On tbe trip in question, according to tbe evidenee of tbe lorry driver, William Jobn Lincs, Lie culvert was successfuliy ncgotialed by keeping to tbe lei't side of tbe road at tbe approach from Napier. Tbe sbeep were loaded, and tbe lorry rcacbed tbe culvert on tbe retuin journey at about 7.30 p.m. It was raining and blowing at tbe timo, and getting dark, but the lights of the truck were on. In tliis direction the culvert was approached after a tuni at the foot of tlie liill. Witness tricd to ncgotialo the culvert (on his relurii on tlie same side tiiat ko had used on the trip in. When tho front. wheels reached the culvert they commenced to sink in the filling. The truck began to slide sideways, and the brakes would not stop it, so that it lurned over the culvert. (Proceeding.),