FAULTY FILLING

Evening Post, Volume CXI, Issue 72, 26 March 1931, Page 7

FAULTY FILLING

CONTRACTOR AND COUNCIL

LIABLE

A written judgment by Mr. T. B. M'Neil, S.M., was filed at the Petone Magistrate's Court yesterday in the case of.F. Dolling (Mr. C. E. Barrett) v. the. Petone Borough Council and Mr. James Avenell (Mr. W. P. Shorland), a. claim for £14 3s 3d for damage caused to his lorry through its sinking into a refilled trench made by Mr. James Avenell, contractor for certain works for the Petone Borough Council. Judgment was given for the ■plaintiff for the full amount claimed. Mr. M'Neil stated that although the method adopted, ty the defendant Avenell of refilling the trench may be a proper one, there was some deficiency in the work, with the result that the' trench was liable to give considerably to a heavy vehicle passing over it, and that when plaintiff drove over it, it was a menace to traffic of such weight. The plaintiff was not negligent in driving ihis lorry over the trench, and the 'damage to the lorry was caused by'the •jolt it sustained when the back wheels dropped into the trench. The plaintiff iknew the drainage work was being 'done in the locality, rjut saw the filling as he approached it, andScould have, if necessary, stopped, but as there was no special lighting or warning to traffic it was' not incumbent on him to stop. He was of opinion that the defendant Avenell, who did the drainage •work, ana the defendant council, for whom it was executed, were both liable.