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Scottish Secretary liable for damage to Sutton tanker

22nd March 1968, Page 28
22nd March 1968
Page 28
Page 28, 22nd March 1968 — Scottish Secretary liable for damage to Sutton tanker
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Which of the following most accurately describes the problem?

• Mr. William Ross, Secretary of State for Scotland, as road authority, has been held liable for damages to a heavy tanker which overturned when its wheels sank into soft ground at the edge of A828 between North Connel and Ballachulish on August 13 1965.

He was sued by Sutton and Sons (St. Helens) Ltd., Eltonhead Road, St. Helens, Lancashire, owner of the vehicle, who blamed him for failure to take reasonable care by constructing and maintaining the road in such a manner that the edge was able to sustain the tanker's weight. The company said its driver had to pull intowardstheroad's edge, with his near-side wheels encroaching on the edge, to allow an oncoming car and caravan to pass. They sued for £700.

The Secretary of State denied liability. He said the tanker was loaded with calcium and its laden weight was more than 23 tons. He said the road was properly constructed and maintained in good condition.

He alleged the driver drove for a considerable distance with his nearside wheels partly or wholly on the verge or in the ditch. He should have stopped or at least slowed down to let the other vehicle pass.

The case was heard by Lord Thomson and a jury, who, by a majority of eight to four, found for the company and awarded them the sum sued for.

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