DAMAGES FOR MOTORIST.

New Zealand Herald, Volume LXII, Issue 19125, 17 September 1925, Page 10

DAMAGES FOR MOTORIST.

QUESTION OE AN APPEAL. BOROUGH COUNCIL'S POSITION. ■A decision to make further investigation with a view to appeal in the Supreme Court action in which a motorist was awarded £IOO damages against the Newmarket Borough Gouncjil, was made at a meeting of the council last evening. The casa was one in which -a motorist struck the safety-zone in Broadway after his car wheels had run along a temporary inclined,, filling at the end of a recently-com-pleted concrete section of roadway. The driver's contention was that the council was responsible for his inability to control the vehicle. . The borough solicitors advised that the law governing the position was very arguable and > the council would have a good chance of.reversing the decision. The Mayor, Mr. S. Donaldson, said that every possible investigation should be made, and an appeal launched if possible. A big principle was involved from the viewpoint of local bodies, as they were placed in a pecub'ar position.. As far as he could see, if they possessed tramlines' through their boroughs they would have to notify what particular construction they intended to adopt, and would have to give instructions as to .material and see the -work done before they jrelieved themselves of 'liability! L Mr. A. Kent said he "thought the question' should be placed before other local bodies. , : i ■„ ; , : ; •

The Mayor said it would bo advisable first to ascertain their own position.