INSPECTOR’S LIABILITY

Greymouth Evening Star, 21 February 1939, Page 4

INSPECTOR’S LIABILITY

ACCIDENT DURING BRAKE-TEST

That an inspectotr carrying out a test of brakes is technically in charge cf the vehicle, even, though the owner maj- be driving, and is liable- for damages should an accident, occur is established in a reserved judgment given in the Waipukurau Magistrate’s Court, by Mr. J. Miller. S.M., in a case in which Edwin George Price claimed from the Transport DepartImcnt damages resulting from a collision with the car in which the inspector was testing the brakes. It was alleged that the car stopped suddenly xvithout warning. The S.M. held that the traffic inspector had been negligent in using a busy street for the tesl, in failing to use care in ascertaining what traffic was following at any. stage,- and in not giving the driver instructions to signal before braking. I-le gave judg-

ment. in favour of Price for £54/2/6. with costs £2/18/-. The S.M. 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 slop Viithin 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 fell that the sole cause- of the accident was the negligent manner in which the test was cairicd 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 l would be considered. I