FALL OVER EMBANKMENT.
DAMAGES CLAIM FAILS. ROAD NOT OPENED FOR TRAFFIC. [BY TELEGRAPH. —PRESS ASSOCIATION.] PALMERSTON NORTH, Tuesday. In the Supreme Court Archibald John Dale, master mariner, Lower Hutt, sued the Horowhenua, County Council for £SOO damages for injuries received and loss sustained as the result of plaintiff's car going over a clay embankment being added to a formed metalled road near Waikanae. Plaintiff gave evidence that he was going along the road with two wheels on the embankment, although unaware of the fact, and on tho vehicle coming to the end of the embankment it naturally toppled over, falling 6ft. A lady passenger was killed, and plaintiff was severely injured. Mr. Justice Reed nonsuited plaintiff without hearing the defence, saying there was no responsibility on the local body to fence cr light the end of the embankment each day as the work progressed. It was not negligence on the part of the local body not to light or fence any work of this sort, which was an extension of the road proper, on which the council had not invited people to go. It would be an unfair burden to impose on the local authorities to make them take precautions against people going on unformed portions of a metalled road.
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Bibliographic details
New Zealand Herald, Volume LXIII, Issue 19403, 11 August 1926, Page 15
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210FALL OVER EMBANKMENT. New Zealand Herald, Volume LXIII, Issue 19403, 11 August 1926, Page 15
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