UNUSUAL CLAIM FOR DAMAGES TO ROAD

Rotorua Morning Post, Volume 2, Issue 245, 7 June 1932, Page 6

UNUSUAL CLAIM FOR DAMAGES TO ROAD

: BITUMEN STRETCH TRACTOR DRIVEN OVER HIGHWAYS TAR S EALING DRIVER MUST PAY Finding that the evidence was overwhelming in favour of the plaintiff, Mr. S. L. Paterson, S.M., in the Rotorua Magistrate's Court yesterday " gave judgment for the Main Highways Board (Mr. E. Roe) on a claim ,for £27 15/8 damages brought against Alfi;ed Harman, contractor, of Rotorua. The claim was of an unusual nature arising out of damage allegedly cuased to the stretch of hitumen road beyond the Puarenga stream through the action of the defendant - in driving over it with a heavy traetor. It was alleged by the plaintiff that the grouts or grips on the wheels of the tractor brolce through the crust of the road, necessitating immediate repairs, and that Harman had failed, in spite of a warning, to protect his wheels with adequate hands which would prevent them damaging the roads. Harman denied this, and claimed that the extent of the damage had been exaggerated by the plaintiff. Mr. W. A. Carter appeared for Harman. Outlining the case, Mr. E. Roe, for the Higkways Board, said that defendant had driven a tractor with the grouts or wheel grips exposed, over • a length of 94 chains of the RotoruaWhakatane main highway beyond the Puarenga Stream bridge. The road along this stretch had been only recently tar-sealed, and the marks caused by the wheels of the tractor passing over the bitumen, had caused considerable damage. In order to prevent the damage from extending, repairs had had to be carried out at a cost of £27 15s 8d, the amount of the board's claim. Harman had no right to ' drive the tractor on a tarsealed road with out covering the wheels with properly constructed bands, which prevented damage. He had previously been convicted on' a by-law prosecution arising out of this breach. Cut Into Road Mr. Roe then called William Cookson, ganger in the empioy of the Public Works Department. This witness stated that he had been in charge of this partieular stretch of road, which had recently been tarsealed. On Sunday, January 10, he had noticed the marks of tractor wheels on the road for a distance of about 100 chains. The grips had cut into the road, penetrating the tar-seal-ing, and in some plaees leaving holes lin. wide. The sealing coat on the oad was from 3-8in. to ain. thick. The marks commsnced at the borough boundary, and left the road at Tucker's paddock where he found a tractor owned by defendant, standing stationary. This partieular stretch of road had been opened on New Year's Eve and in two hours on that evening 400 cars had passed over it. The road was in perfectly sound order for the passage of traffic. The assistant district Public Works Department engineer, on Deeember 9, had warned Harman that he must see witness before he took the tracior over the bitumen. On this partieular evening Harman had bands on the wheels which lifted the grips off the tar surface. Following ihe by-lsw case taken against Harman, witness had seen him and watehed the tractor with the bands adjusted on the wheels. It had passed over the bitumen without leaving marks. When witness spoke to Harman about the damage, he did not deny driving on the tar, but said that the road "was not good." Gone Into Potholes Questioned regarding the damage, wrtness said that if the holes caused by the grips had not been repaired the road would have gone into potholes as the water would have worked through underneath the sealing. In reply to Mr. Carter, witness admitted that no damage had been done to the road on Deeember 9 and 22 and January 7, although counsel claimed that Harman had used the road on those dates. Witness admitted that if bands were used on these dates, the road would probably not have been damaged. He also admitted that after following the marks of the tractor, and pereeiving it working in a paddock, he did not question Harman, who was working the machine. The road would possibly be 'soft, owing to the heat, but witness had been at work counter-acting this. Witness emphatically denied that any extra work was done, beyond repairing the damage done by the tractcr. It was impossible for the damage to have been done by the tractor with bands on the wheels, even if the road had been soft owing to excessive heat. Admitted Driving Thomas Joseph Hickey, overseer for the Public Works Department, said that he had interviewed Harman after the damage was done, when defendant admitted driving on the bitumen. Harman h&d said that he had a small protection band for the wheels and had been told that he would have to procure a wider band. This defendant had since done. Witness reraembered Harman remarking that he did not cut the borough bitumen roads, but these borough roads were penetration sealed to a depth of three or four inches. In reply to Mr. Carter, the witness said that about the date of the aecident, the road had a good coating of chips and was possibly _ in its strongest condition to resist heat. Harman might have had narrow bands on the wheels, but they could not have been adjusted in the centre. otherwise the marks would not have been left. Damage Corroborated John William Dinsdale, f oreman for the Rotorua Borough Council, said that he had had charge of all the bitumen roading work in the borough during the past 10 years. He had seen the damage complained of in the present instance and eorroborated the evidence given in this respect by the previous witnesses. He considered that the damage had been eeonomically repaired, and that the amount of the claim to eover the cost was reasonable. In reply to Mr. Carter, witness said that he considered the repairs carried out would undoubtedly strengthen the road. Witness was

prepared to admit that the bands used by Harman would lift the grouts — perhaps half an inch from the surface of the road, but he did not consider' that even on a soft road the bands would sink suffieiently deeply to make the marks he had seen. The assistant district Public Works Department engineer, Frank Leslie Park, said that he. had had 15 years' experience of this class of bitumen work. He considered the stretch beyond the Puarenga bridge "a good job," and said that it had stood up very well to severe traffic tests. He had warned Harman that he must not take the tractor over the bitumen without effieient bands on the- wheels. At an interview subsequent to the damage, Harman virtually admitted that he had been responsible for the damage and promised to obtain more effieient bands. Witness had told defendant' that he would have to provide himself with proper bands or keep his tractor off the road. Cross-examined, witness said that when the road was first opened, there was an expeptionally heavy film of chips on the surface. This film was present when Harman first tested his machine on the road, but on the later date, when the damage was done, it had largely been pressed into the road. This would increase the possibility of damage from: a metal wheeled vehicle. Witness denied that the excessive heat would be sufficient to sink the bands into the road. This closed the case for the board and after prefacing his evidence, Mr Carter called the defendant, Alfred Harman. The witness said that as a result of representations made to him by the county and borough authorities, he had procured bands for the wheels of his tractor. These bands were six inches wide and about half an inch thick. He remembered, Mr. Park speaking to him and the younger Cookson piloting him over the road to see whether the tractor did any damage. The test was quite satisfaetory. On Deeember 22 and January 7, witness had again travelled over the road with the tractor without doing any damage. On January 9 again he had driven the tractor over the stretch and it was only then that he noticed that the grips were leaving a slight imprint on the road. It was, however, merely an imprint and the road was not cut about. He again drove the tractor over the road on January 12 without doing damage.. On this date he had seen Mr. Park who had suggested that tlm bands should be used in another position to prevent any possibility of damage. He was still using the same bands, although he had purchased a second wider set. On January 9, the tractor had lifted the road only over a short stretch of about three yards. The vemainder of the marks were merely imprints. He considered that the tractor had sunk into the road owing to the heat, permitting the grips to mark the road. Defendant explained to Mr. Roe that he had been using extension wheels on his tractor and that he had had the bands only over this portion of the tyre. There would be six inches of each grip exposed. He considered that the plaintiff's witnesses were exaggerating the damage done. He had gone back on his bicycle and examined the marks on the road, but he admitted that he had not noticed mv marks of the bands sinking into the road. William D. Tucker, milk vendor, of Rotorua, said that Harman had been using his tractor on his property on the date when the damage was allegedly done. He had examined the road and could see only one short stretch where it was broken. There were a number of other marks but ' they had not broken the road. At this i partieular time of the year, the road was soft in places, and he had seen the wheels of his own cart leaye marks upon it. George William Yaughan, butcher, of Rotorua, said that he had noticed imprints on the road left by the tractor but he had not noticed the "oad cut up as had been described. 3 He had keen of the opinion that in- ' lents of this description in the road would roll out and he did not con- | sider it necessary to carry out repairs. Witness knew that Harman usually travelled on the roads with bands on the wheels of his tractor. To Mr. Roe, witness said that he only travelled a short distance of the road as he turned off at the Wairoa Road intersection. Edwin James Robertson, said that he had been employed by Harman for some time on hay-making work. Defendant was always most partieular to fix bands on the wheels of the tractor when using it on the Te Ngae Road. Witness had been told by Harman that the Public Works engineer had spoken to him about damaging the roads, but when they had examined the surface, witness had noticed only one short stretch where the bitumen had been broken. The bands used by Harman were quite sufficient on a flat road. He knew of his own knowledge that Harman had used the bands on the date of the alleged damage. Judgment For Plaintiff This closed the case for the def ence and after Mr. Carter had addressed the bench, his Worship gave judgment as indicated. In reviewing the evidence, the Magistrate said that he had no doubt that the damage as described by the plain■iff's witnesses had been caused by ho tractor. The evidence called for the plaintiff came from an experi?nced engineer and experienced road workers, while the defendant's witnesses were all laymen. He could not entertain the suggestion that the board had used the damage to the road as an exeuse to carry out additional work. He also could not supoort the suggestion that the road had been improved as a result of the repairs. This might be true in a limited sense but the surface had been iniured and weakened. Costs were given against defendant on the claim.