CAR PLUNGES INTO DITCH.

New Zealand Herald, Volume LXI, Issue 18894, 17 December 1924, Page 12

CAR PLUNGES INTO DITCH.

NARROW CULVERT AT CORNER

DRIVER SUES COUNTY COUNCIL.

[BY TELEGRAPH.—OWN CORRESPONDENT. ]

YVHANGAREI. Tuesday.

Damages of £10 10s were claimed by N. E. Crimp, solicitor, from the Whangarei County Council at Whangarei today, before Mr. R, W. Tate, S.M., in an action in which it was averred that the local body was liable for damage io a car which tamo to grief in a ditch at tho end of a 16ft. wide culvert on a county road at Whareora. It was admitted that plaintiff, in the darkness, having momentarily mistaken a turning steered off tho metalled roadway. lio submitted, however, that as there was a bank similar to a curbing on either side of the road -t was right for him to assume that so long as he kept within those banks ho was on tho road. Ho claimed that a ditch at the end of a short culvert across a road constituted a nuisance on a highway. The defence was contributory negli gence on the part of plaintiff, and that plaintiff had been extremely reckless in carrying on when he found that his car was off the metal on a strange road, especially so at a corner where tho car lights wore not projected directly ahead of the wheels during a turn. Tho case of Tato versus the Featherston County Council was quoted, and the defence rested upon flip local body having done its best to abate the nuisance, as it would be 100 expensive and beyond its ability if if was called upon to extend culverts to the full width of road formations Tho magistrate non-suited plaintiff on the ground that tho council had done the best possible in regard to the nuisance created by digging tho ditches. Plaintiff lodged notice of appeal.