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THE EXTRAORDINARY TRAFFIC ACTION.

26th May 1925, Page 25
26th May 1925
Page 25
Page 25, 26th May 1925 — THE EXTRAORDINARY TRAFFIC ACTION.
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Which of the following most accurately describes the problem?

An Appreciation of the C.M.U.A.'s Pluck, from the Defendants in the Action.

SECTION 23 of the Highways and Locomotives (Amendment) Act of 1878 provides that, where extraordinary expenses are incurred in repairing a highway damaged by traffic excessive in weight or volume, the local authority can recover from the person who puts such traffic on the road, a later Act laying it down that proceedings for recovery .shall be commenced within 12 months of the time at which the damage was done. Many actions have been fought to determine liability under the section, but the case of the Westonsuper-Mare U.D.C. against Henry Butt and Co., Ltd., settled many outstanding questions, the case being fought by the Commercial Motor Users Association on behalf of its members generally. An appreciation of the action of the National Couneil of the Association is contained In the following letter received by us from Mr. Henry Butt, managing director of Henry Butt and Co., Ltd., of Weston-super-Mare :— " To the Editor, THE COMMERCIAL MOTOR.

"Dear Sir,—Now that the final costs in the extraordinary traffic test action which the Westonsuper-Mare U.D.C. brought against me in 1917 have been discharged, I should very much like to say how grateful I am to the Commercial Motor Users Association for the generous financial and other support which they rendered in connection with the conduct of the case through the Chancery Court, the Court of Appeal and the House of Lords.

• -" It occurs to me that 13rhaps some of your readers may not be fully aware of the circumstances which led up to the C.M.U.A. undertaking to fight this case on my behalf. When I first received the writ it was my intention to settle with the district council, which could have been clone on terms very favourable to myself, but I felt that, were I to adopt that course, serious precedent would be created, and one which would have immediately resulted in claims for extra ordinary traffic damage throughout the whole of the country. As a matter of fact, effiuxion of time did prevent the issue of hundreds of writs for alleged extraordinary traffic damage. The manufacturers of the steam vehicles which I was employing were also of opinion that a precedent should not be created, and I accordingly communicated my views to the C.M.U.A., of which body I was a member. Before any final decision was made either way, the Association consulted its solicitors and leading highway experts, with the resurt that the C.M.U.A. resolved to fight the action in the Interests of the commercial motor industry as a whole, "Although the case lasted more than seven years and was eventually lost by us, very important issues arose out of it, and the main advantages gained and enjoyed by those who conduct commercial road transport include :— " (a) A removal of menace of claims for road damage.

" (b) It is shown that there is a legal necessity for road authorities to look ahead and to take adequate preparations for traffic developments.

" (c) All sizes of vans and wagons were embraced by the decision, as frequency of small vehicle traffic also ranked in damage considerations, "I am personally convinced, and I am sure that others will share my view, that the time allotted to the conduct of this case by the C.M.U.A., and the expense involved, have not been unavailing. "In conclusion, I desire to pay a special tribute to Mr. F. G-. Bristow, the general secretary of the C.M.U.A., for the manner in which he carried out the organization of the defence. and particularly in getting together such a magnificent fighting fund. His ability, zeal and courtesy were recognized by all who came into contact with him during the progress of the case.—Yours


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