PROVINCIAL NEWS
[united press ASSOCIATION.] Westport, December 5. The District Court was occupied for two days past with the case of White and the Buller County Council, being a claim for ,£2OO, the damages for injuries caused to plaintiff's wagon and horses by the road giving way under them. The road was constructed by the late Provincial Council and County Council. At the part where it gave
way there was evidence of knowledge on the part, of the Council of the dangerous state of the road, and the judge directed the jury that the Council were no 1; liable for any faults in construction ; but if they knew of the serious danger existing on the road and carelessly neglected to remove it, they were liable to pay for the damage sustained by any person falling into it, unless such person could with reasonable care have avoided the danger. The judge said that th« question how far County Councils were bound generally to keep the roads in repair was one of some doabt and difficulty, which should be settled by a decision of the Court of Appeal or by legislation. The jury gave a verdict for ,£145. The County Council are moving for a new trial on the ground that the verdict is against the weight of evidence, find the damage excessive.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/KUMAT18851207.2.8
Bibliographic details
Kumara Times, Issue 2864, 7 December 1885, Page 2
Word Count
221PROVINCIAL NEWS Kumara Times, Issue 2864, 7 December 1885, Page 2
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.