ACCIDENT ON A BRIDGE.

Press, Volume XLIX, Issue 14660, 8 May 1913, Page 5

ACCIDENT ON A BRIDGE.

A COUNCIL'S RESPONSIBILITY

Reserved judgment was. given by Mr V. G. Day, S.M., ( in tho Magistrate's Court yesterday afternoon, in a case in which Jamos Matthew K. Jack (Mr Cassmy) proceeded against the Heathcoto County Council (Mr Acland) to recover damages, which he alleged he had sustained tnrough meeting with an accident on tho Opawa bridge—an accident due to tho negligence of the defendant Council.

In giving judgment Mr Day traced the evidence nduuecd. He said that ou October 24th the plaintiff was driving a dray and leading another dray behind, and when crossing the Opawa bridge, the horse in tho second dray stuniL»lo(l and pulled the plaintiff off his dray, and injured the plaintiff's leg. The cause- of the accident was a loose plank in the bridge, which tilted up and allowed tho horse's forelegs to go through. It was proved by two witnesses called by the plaintitf that_ tho plank in question was out of position when they crossed the bridge just before the accident occurred. Several witnesses swore that thero were no spikes in the plank. Shortly after the accident two employees of the Council came on to the bridge with a plank which exactly filled the place occupied by the dislodged plank. The Magistrate said that the absence of spikes in the loose plank, and the fact that two Council employees came prepared with a plank which exactly fitted the opening, could only lead him to one conclusion, namely, that the plank had been taken out "and tho spikes removed to allow tho new plank to be laid down. Judgment was given for plaintiff for £50 damages for personal injuries, £10 damage to horse, and £25 loss of profits, making a total of £85, -with costs.