PETROL PUMP ACCIDENTS.

Matamata Record, Volume XI, Issue 933, 2 July 1928, Page 4

PETROL PUMP ACCIDENTS.

IS COUNCIL LIABLE? ■' ■ ■ l • Lights to be litsi?tsd+Upo%'# ' ' •: - • - A lengthy report anent the liability of the Morrinsville Borough Council in the event of accidents Be- ; ing caused through collision with or explosion of a kerbside petrol pump was before the council on Thursday evening. - The concluding paragraph stated that whether actual negligence must be alleged and proved by the party injured would depend, on the t circumstances of each particular case. In the case of explosions and of collisions by pedestrians at night timev when pumps were unlighted, the bur- | den of disproving would be with the council. In the case of injury sustained by vehicular traffic at “ any. / time, or by pedestrians during the • s day time, a factor which would go a long way towards absolving the council would be carelessness or contributory negligence on the part of the party injured and the 'burden of . proof would lie with him. It was obvious, however, that from a practical point of view, the counciL should not be burdened with the liability either of disproving negli- \ gence or proving contributory negligence, and the solicitors strongly advised that the council should, prior to granting any permit to erect petrol pumps on its footpaths obtain an indemnity from the licensee against all claims whatsoever which might be made against the council as a result of the erection of the pump, and provide for an insurance of the borough against all risks, the costs, of such insurance to be borne by the licensee. On the Mayor’s motion the report was referred to the finance commit* tee. ' .2XCr. Chapman pointed out tha£ many of the petrol pumps in the borough were not lighted despite the fact that a resolution 1 requiring licensees to comply had been passed.

The Mayor: If they are not light* ed the licenses should be cancelled. Cr. Reason: That is quite correct.> Licensees should observe the regula* tions.

' Cr. Martin: What would be the :po- v sit ion of the licensees when the power The Mayor: That is outlined in the solicitors’ report. . jHg|| Cr. Reason moved that be advised that unless .they with the by-laws and '.saw lighting of the pumps that their li- tB censes be not renewed. { . The clerk said that renewals of licenses were now due, and applica- j tions were generally made for petrol pumps and dangerous goods together. Some licenses had already been issued. /

The Mayor said the clerk should' use his discretion in the issue of 1 dangerous goods licenses. The finance committee’s report would be before the council at next meeting , and theSA matter could be disposed of then.