COUNTY SUED FOR DAMAGES.

Horowhenua Chronicle, 4 March 1937, Page 8

COUNTY SUED FOR DAMAGES.

ACCIDENT, ON NEiWjLiY-iSEALED ROAD. (By Telegraph—Press Association.') WELLINGTON, Last Night. The responsibility for a motor accident caused by a skid on a newly tarsealed road has to be determined by a jury of 12 in the Supreme Court. The case is -brought by Emily Annie Freeman, women’s toilet specialist, against the Eketahuna County Council in a suit for £1125 4s 6d damages.

iShe claims that on March 22 of last year.she was a passenger in a ear driven by her sister from Dannevirke to Mauriceville. At a place seven miles from Eketahuna the car skidded, left the road and overturned, and the accident is alleged to be due to the negligence of the County Council, its contractors and others in making or leaving the highway in an unsafe condition, resurfacing the highway 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 notice of the dangerous nature of the surface and failing to take precautions for the safety of users of the highway. As a result of the accident, she claims, she suffered a wrist injury and will be permanently partially disabled.

The council admits that the aeeideift occurred on a road under its 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, entailing, inter alia, the placing on the road of a coat of light tar priming. That was done on the Wednesday before the accident and the road was opened for traffic on Friday. The council says it was obvious to any driver that work was in progress and there were notices calling for caution and limiting the speed..

In further defence it is claimed that the accident was caused by the negligence and unskilful conduct of the driver of the car in failing to control the car and for driving at an excessive speed. The case is proceeding. Mr. Justice Smith is on the Bench.