Motorist Wins Claim Against Roads Board

Press, Volume CVIII, Issue 31627, 13 March 1968, Page 10

Motorist Wins Claim Against Roads Board

Seventy-five per. cent of a claim for $llB4 made by a Christchurch medical practitioner, Ross Smith, against the National Roads Board (through the Ministry of Works) has been allowed by Mr H. J. Evans, S.M., in a reserved decision given in the Magistrate’s Court. The plaintiff was allowed $BBB, plus costs amounting to $76.40. The case was heard on October 24 last year. Mr H. M. S. Dawson appeared for the plaintiff, and Mr N. W. Williamson for the Crown. In his written decision the Magistrate said the plaintiff was driving his car north between Scargill and Cheviot on the evening of May 15, 1964. Near the Greta River he had an accident causing $1162 worth of damage to his car. The plaintiff claimed that the accident occurred because of the faulty condition of the road. The defendant had been constructing a new highway and it was claimed that guiding marks and signs had been removed or obliterated, and no proper replacements, lighting or warning signs made. The Magistrate said the evidence showed that the new road in the area known as “Telegraph Gully” made a left turn earlier than the old

road. Evidence had been given that restricting signs designed to protect new seal had been removed the day before the accident or perhaps three days before. The newly-sealed surface was without a middle line of any kind and there were no roadside markers. The Automobile Association sign indicating an approaching curve had been erected after the accident.

The Magistrate found that in conditions of a wet road surface and poor visibility the plaintiff’s car ran off the road into a clay bank. He found that the plaintiff was not driving at an excessive speed nor with any lack of reasonable care.

The Ministry of Works ought to have posted warning signs sufficient to convey to motorists the need for care ind in his opinion negligence cn the part of the Ministry of Works had been proved, said the Magistrate. The principal responsibility for the accident fell on the Ministry of Works, but there was an element of panic in the plaintiff’s reactions which must be treated as contributory negligence, said the Magistrate. This was fixed at 25 per cent.

The rising tally of bad debts effected today’s economic conditions, the Central Canterbury Electric Power Board was told yesterday. Bad debts totalling $937.77 had to be written off, compared with $660 last year. “As the board’s revenue increases, so this figure will continue to rise,” said a financial report. “Present day economic conditions must also be reflected in this loss and it is already noticeable that there is an increase in the number of bankrupts.” The report said bad debts were not forgotten. A register was kept and frequently referred to. “In the present financial year we have actually recovered amounts previously written off amounting to $51,” (the report said.