DANGEROUS POLE

New Zealand Herald, Volume LXXV, Issue 23139, 10 September 1938, Page 14

DANGEROUS POLE

CASE AGATNST COUNCIL ACCIDENT DAMAGES CLAIM COMMENT MADE BY JUDGE [BY TEL EG n A PIT —PRESS ASSOCIATION'] cnniSTCIIURCn, Friday Holding that an electric power polo erected by the Christchurch City Council at the intersection of Moorhouse Avenue and Park Road was so placed as to constitute a nuisance, Mr. Justice Northcroft gave judgment in the Supreme Court against tko council on an appeal against a decision of the Magistrate's Court. The action in tho Magistrate's Court was by Desmond Horace Ogicr, infant son of Horace William Ogier, for damages sustained when a motor-far driven by his father struck the pole, the magistrate finding for the council. In a reserved judgment Mr. Justice Northcroft allowed Ogier's appeal, the case being referred back to tho magistrate for a decision on tho amount of damages to be awarded.

In his judgment Mr. Justice Northcroft expressed concern that _ nothing had been done since the accident to minimise the risk of accident created by the position of the pole. "I think it proper to comment that on visiting the scene for the purpose of a better understanding of the evidence I was concerned to find that no steps had been taken to minimise tiiis very substantial danger," lie said, "although the accident on which this action was founded occurred more than 12 months ago and at the trial last March witnesses spoke of the danger and of other accidents having occurred there."