The Opunake Times. TUESDAY, DECEMBER 11, 1894. A POPULAR NOTION EXPLODED.

Opunake Times, Volume I, Issue 47, 11 December 1894, Page 2

The Opunake Times. TUESDAY, DECEMBER 11, 1894. A POPULAR NOTION EXPLODED.

A very common notion amongst settlers, that a local body was liable for damages which might by the neglect of local bodies to keep roads, under their control, in a state of repair, has been exploded by the Court of appeal, A coach proprietor brought an action against the Taranaki County Council for damages for injuries sustained through a county road being out of repair, and not being satisfied with the judgment in the S.M. Court, which went against him, appealed in due course. The Appeal Court dismissed the application, on the grounds that the Council was not liable for any damages sustained through roads being left in a slate of disrepair. Judge Denniston delivered judgment, and Judges Prendergast, Richmond and Williams were unanimous in endorsing it. In delivering judgment, Judge Denniston said " that the short but important question to be determined in the case was whether, in New Zealand public bodies were liable for damages on account of injuries sustained by persons meeting with accidents arising out of the nonrepair Of roads constructed by, and under the care of such public bodies. Cases were cited to show that no such liability existed in England, where the law and maxim prevailed that, as a road ought to be repaired by the public, an action could not be brought by an individual for injuries sustained by the neglect of the public to do so." His Honor held that the principle was equally applicable irf all cases, unless (aud herein lies the important point of difference) it could be shown that there was a distinct intention on the part of the Legislature to impose a new liability in this respect on the local body under a special statute. This (the Judge said) was the common law in England, and the law which must therefore be recognised in the colonies. He went on to explain that before any special legislation- on the subject of highways could take place, whatever roads were made and kept must have been so made and repaired by the colouy—that is, the public, The judgment of the Court of Appeal farther set forth that when power as to roads and highways was given by statute to public bodies, it meant and implied simply a transfer to some particular section of the public, in counties, road board, and town board districte, or municipalities, as the ease might be, of the existing common law, powers, duties, and responsibilities. The Judge pointed out that the wording of the provisions on the Colonial Statutes were in the same form, and could not be said tu show " a direct intention " to create greater liabilities than had heretofore existed. This should relieve the minds of the Hawera County Councillors with respect to declaring the county roada in Waimate district road*!, as they have always held that the Couucil would still be liable for damages should the Road Board let the roads get into a state of disrepair, and any accident happen therefrom.