COURT NEWS

Grey River Argus, 4 March 1937, Page 8

COURT NEWS

Woman’s Claim FOR INJURY IN MOTOR ACCIDENT. (Per Press Association.) WELLINGTON, March 3. The responsibility for a motor accident caused by a skid on a newly tarsealed road has to be determined by a jury of twelve in the Supreme Court. The case is brought by Emily Aimie Freeman, a ladies’ toilet specialist, against the Eketahuna County Council, in a suit for £1,125 4s 6d damages. She claims that, on March 22md' last year,, she was a passenger in a car driven by her sister, from Dannevirke to Mauriceville. At a place seven miles from Eketahuna, the cat skidded, left 'the road, and overturned, and the accident is alleged to be idue to- the negligence of the County Coun. cil, its contractors, and others, in making or leaving the highway in an unsafe condition, resurfacing the high; way without providing a temporary or alternative road, spreading an excessive quantity of tar-sealing preparation, leaving the surface without sufficient chips to prevent the surface becoming slippery, failing to give no. tice of the dangerous nature of the surface, anid failing to take preeau. tions for -the safety of users of the highway. As a result of the accident, she suffered a wrist injury, and will be permanently partially disabled. The Council admits that the acc'id. ent occurred on a road under i(s control, but denies all the other allegations, and as a further defence says that before the accident it had entered into a contract with Matthews and Kirkby for the doing of the work, en. tailing, inter alia, the placing qii /ke road of a coat of light tar priming. That was done on the Wednesday, be. fore the accident, and the road was opened for traffic on Friday. It was obvious to any driver that work was in progress, and there were notices calling for caution and the limiting of -speed. As a further defence, it is claimed that the accident was caus. ed by the negligence and unskilful conduct of the driver of the car, in failing to control Ithei car, and for driving at an excessive speed. The- hearing i s proceeding.' Judge Smith'is on the Bench.