EXTRAORDINARY TRAFFIC

Waipa Post, Volume XXIV, Issue 1680, 29 October 1925, Page 4

EXTRAORDINARY TRAFFIC

DAMAGE TO ROAD. (Own Correspondent.) At the Magistrates Court to-day (Wednesday) great interest was centred in a case brought by the Otorohanga Comity Countv.l (Mr F. Phillips) against A. A. Smith (Mr Vernon) sawmill proprietor at Tod’s on - the Oiewa road. The claim was for £62. Mr Phillips in opening the case -said this was a case in which defendant was sued far damage done by heavy traffic (carting timber from sawmill) which had caused extraordinary damage. A portion of the road was of clay formation and this had been maintained by defendant for his own benefit. The other portion of the road was metalled. The other heavy traffic on the road was a butcher’s lorry two or three cream carts and a mail. This latter was comparatively light and only used a mile of the road. Defendant’s traffic was about thrfee times that of the whole of the rest of the district. Defendant’s sawmill was the only one in the County and his traffic came under the designation of “extraordinary.” The County was omy claiming about one third of what it would cost to put the read in a fair state of repair. Most other counties charged millowners on a royali.y basis. The Court was asked to assess the damage done. E. R. Gould (County Engineer) was called and stated be had laid the information under instructions from the Otorohanga County Council. He estimated the cost of putting the road in order at £IBO. There would be some 500 yards of metal required. They were only claiming about a .third of that amount. The metal on the road had been put down in 1914. Until lately the repairs to the road had only been about £25 a year. Without the defndant’s traffic he thought the read would have lasted a further S years without considerable repair. The metalled portion of the road from where defendant leaves, it that going to Tahaia, was in excellent condition. There was not much other traffic over the road besides Smith’s. Smith had 2 1. ton Ford trucks. Owing to the- frequency of his trips defendant was responsible for 75 per cent of the traffic. The Waitomo Valley Sawmill Co. had paid one third of cost to the Waitomo County for repairs to tlieir road.

Examined. Had spent £25 a year on the road prior to November 24. The proposed repair work (500 yards) would mostly be put down from about 3 miles out ; and towards the town. County Council did carting over the road in question there being a metal pit about two miles out. About 1000 yards had beien taken out of the pit during the past 12 months and had been carted by motor lorry. Could not say how much manure had been carted out by the road. Would not say that a Ford 1 ton truck loader with 600 feet of timber was the easiest of lorry traffic. The clay portion of the road had been fully and properly maintained by defendant. The clay road affected about 10 settlers but others might be willing to contribute ■to its metalling. Thought defendant was responsible for 75 per cent of the damage dona. Speed would affect a shingle road like the one in question. Evidence was also given by H. Cameron road foreman.

K. L. Bedlington, surveyor, .also gave evidence as to the quantities of metal likely' to be required for the road.

W. Irvine, member of the County Council and a settler served by the road in question was called and stated he thought the road was likely to be ruined by Smith’s traffic. There warno motorist traffic on the road. Perhaps there might he some 20 settlers ■who used' the first part of the clay road. He thought the actual damage done was estimated at a far too low a figure. Examined. Was sure Smith’s lorries had actually ruined the road. He did not remember saying what appeared in a press report regarding the lorries being suitable for work on the road.

R. Ryan of the County Council’s staff testified as to the correctness of this tally of the traffic along the road. Mr Vernon in opening ■ for the defence contended that the defendant’s traffic could not come under the head of “extraordinary” traffic. The traffic referred to was no more than ordinary traffic on a County road. The road, however, had never been built or designed to carrying l? f ton loads in motor lorries. The question was whether defendant’s traffic was more than other peoples traffic. The road was an ordinary metal one and should be fit to carry traffic of the kind in question. Evidence had been brought to show that the damage done was due to Smith. The engineer owned that the greatest damage was in the three mile length from town and this was where most of the ordinary public traffic occurred. ,The estimate as to cost of maintenance, £25 per year, was only guess work on the part of the Eugineeer. Then the tally of the traffic had been taken on a half holiday and on a whole holiday on which occasions ■no true return could be taken. What was the true amount of traffic on the road had never been escertained. Alfred A. Smith defendant beingcalled stated he had averaged only two trips a day, per truck for the past 12 months. When he commenced using the road it was badly in need of repair especially the 2\ mile length from town. He had kept the water tables and culverts clear on the clay portion and had cleared slips away. All the settlers were well satisfied at the road being kept in repair. Had given £25 to the settlers who contemplated getting one mile of the clay road metalled. About six years ago the road wa j examined and it was found that the metal was from only 2S in. to 4 in. deep—that was to say it was badly worn. He knew of at least C 9 bales of wool that was brought by that road to town. There had been heavier lorries along the road but not constantly. Examined. The County had been offered a royalty of Is. by a contemplating sawmiller provided the County metalled the road. This was before he had anything to do with it. Thought it was to his interest to have the metal road kept up but he thought he was doing more than his share by keeping he clay road in repair,'to say nothing of the £25 he had given for metalling ■another mile. Some of the settlers were quite satisfied with the state of the metal road. Arthur Massen, farmer of Rangitoto stated that the clay road had been

kept in fair order by Smith who had a surfaceman on continually. The metai road was showing signs of wear just before Smith commenced using it. Compared with the rest of the roads and having regard to the amount of traffic Smith’s would be about equal. J. M. Cruickshank, farmer, of Otewa, stated he had been in the district since 1912. Considered the metalled road was in a bad state of repair when Smith started his mill. Had not been ■able to use the clay portion of the road with his motor-oar during winter until Smith had taken events care. Had known a heavier lorry than Smith’s to use the road carrying 9 tons of manure. There was a good deal of manure being used by the settiers and it was taken over the road, < • H. Thomas another .settler also gave evidence for the defence. His Worship reserved his decision.