Haulier Wins Appeal
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ADERBYSHIRE haulier won his appeal with costs, at the Court of Appeal last week, against the judgment of Mr. Justice Stable at Nottingham Assizes on February 29, 1960, when his claim for £643 damage to his lorry resulting from an accident in October, 1957, was rejected.
Mr. Norman Stanley Maycock, of Newbridge Road, Ambergate, said that his lorry was driven over a manhole cover in the road, went out of control and demolished 44 feet of a wall on the offside of the road. The defendants were Worksop Rural Council, and Stokes. Taylor and Shaw, Ltd., contractors, who were employed by the council on sewage system works,
Lord Justice Willmer stated that the defendants were in the position of having constructed something which had proved to be a nuisance on the highway. Mr. Maycock was clearly entitled to recover damages against the council and their employees, the contractors who had constructed the manhole. Lord Justice Donovan and Mr. Justice Plowman agreed.
A declaration entitling Mr. Maycock to be indemnified for any claim for damage to the wall was granted. The council were granted an indemnity to recover damages and costs against the contractors.