ACTION AGAINST COUNTY COUNCIL

Shannon News, 11 May 1926, Page 2

ACTION AGAINST COUNTY COUNCIL

NO’ LIGHTS NEEDED. At the S.M. Court last week the Horowlieuua County Council was charged that on 2nd April, 1926, between Waikanae and To Horo, did leave a dangerous formation in a public place, to wit, on the main road about two miles north of Waikanae, without enclosing the same. tMr. Park, for the Council, pleaded not i guilty. It was admitted that the place was not lit or barricaded, and despite the accident it was still the same. Constable ‘Satherley stated: The case arose over an accident, the Council at the time widening the road, leaving a hole about 4 feet deep. He had since had had several complaints about the place ; it was dangerous owing to spoil being taken away to widen the road. Mr. Park said the formation was in no \vay affected. The Council was not widening the road. Constable Satherley said the place was being widened, and spoil was taken, leaving a dangerous hole. The place should be enclosed or lighted by lamps. The S.M.: Is it any different from a ditch f Mr. Park: Exactly the same. If a conviction is entered the Highways improvement scheme will have to be held up and the road lighted throughout. The constable Stated that he hid been instructed to bring the matter before the S.M. for a decision. The place was being widened. Mr. Park: No, it is not being widened. The 8.M.: There is a formed road, and where spoil is thrown there is not yet a road, if anyone ran oft the grass and capsized what would have happened? Air. Park: The receur accident was not du’e to the work. Wo do not know how the ear got off the road. Constable Satherley: The place looks like, a wide road, and a mistake can easily be made, especially in passing a car. The spoil is level with the road. Mr. Park: The question of lighting has been well considered by the Council, and if a light wigs put on the road it would lead people to believe it was a road. A light would be an invitation to make use of the road. The car that went over never went on the spoil. The driver evidently had his attention attracted and swerved, and in consequence Went over. The light that was put. there was put up by an interfering person and taken away by the Council, Constable Satherley said that at Mr. G'eo. Brown’s gate a portion had been fenced off, while a light would save trouble.

George Alex. Monk, chairman of the County Council, stated: I live at Rikiorangi, and know the locality. The place is a filling in but was not to the level of tire road at the time of the accident. The filling had since had a foot of earth put on. No one could drive a car along it because it was too soft, besides drays worked ruts into it anti cars would not go on it. Further it was below the level of the road. 1 saw the car that was capsized. It had travelled on the road proper for some time and then swerved. The Council has considered th'e question of lighting where formation was being done, and the Council concluded that, where formation of road was interfered with it should be lighted, but if it did not (iivterfetr'e with formation thought it .'better to leave it unlighted. Lighting of the terminus would not. make a scrap of difference. Only two years ago a man was killed at the same place, and there was no filling then. If lighting had to be done hundreds of lights would be necessary. It ’was considered a few lights would be better than a large number. \ To Constable Satherley: The place at the time of the accident was six inches, below the surface of the road. W. N. Anderson, County engineer, slated: I know the place referred to. There were many such places, in fact all along the line’ from Levin to Waikanae. and none had been lighted. If the formation of road was interfered with, lights were erected, and not where filling had been done. This was a general practice of Counties. If a light had been put at the end of the filling and the lamp stolen people using the road would find it more dangerous. In his opinion it was safer not to have the place lighted. Drays travelled back on the filling so as to consolidate it. No reasonable person could mistake the filling for a part'of the road. He considered the Council had done its best over the work, and during Easter time special precautions were taken on account of the holiday traffic. Traffic had passed for 2 or 3 months before the accident, and no complaints, till after the accident, had been received.

To the Constable: One lamp was pat there, but not by the Council or myself. It was later taken away for safety’s sake.

The S.M. considered the filling was not part of the road and the public were not invited to us'e it for traffic. Jf it: required lighting the whole length would need lighting or fencing. It seemed to him that one had to be guided by usual custom ami common sense. Only a portion of the road was for the public and if a -motorist went over into a hole the Council should not be liable. The Council had not ydt formed the road, and therefore should not be convicted. The matter was a difficult one. but he considered the Council had done its best. The Council’s rule was a good one, and it would be unreasonable to convict it.