INSPECTOR HELD LIABLE

Wanganui Chronicle, Volume 83, Issue 42, 20 February 1939, Page 5

INSPECTOR HELD LIABLE

ACCIDENT WHILE BRAKES WERE BEING TESTED WAIPUKURAU. Feb. 17. That an inspector carrying out a test of brakes is technically in charge of the vehicle, even though the owner may be driving and is liable for damages should an accident occur is established in a reserved judgment given in the Waipukurau Magistrates’ Court to-day by Mr. J. Miller. S.M.. in a case in which Edwin George Price claimed from the Transport Department damages resulting from a collision with the car in which the inspector was testing the brakes. It was alleged that the car stopped suddenly without warning. The magistrate held that the traffic inspector had been negligent in using

a busy street for the test, in failing to use care in ascertaining what traffic was following at any stage and in not giving the driver instructionsto signal before braking. He gave judgment in favour of Price for £54 2s 6d, with costs £2 18s. The magistrate held that the inspector himself should have made certain that no cars were following. Referring to the contention by the defence that plaintiff was negligent in not being able to stop within half the length of clear road ahead, Mr. Miller pointed out there was no warning and no time in which to stop. He said he felt that the sole cause of the accident was the negligent manner in which the test was carried out. That there had been no similar accidents would show that other inspectors were more careful. Mr. A. M. White, for the Transport Department, intimated that an appeal would be considered