Bus Company Awarded. £1, 160 Damages
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DAMAGES of £1,160 were awarded last week to the Western S.M.T. Co., Ltd., in their action against Greenock Corporation. The company's claim followed accidents involving three of their buses which, they said, were all due to the state of Kilmalcolin Road, Greenock.. The corporation denied liability.
In a reserved judgment, Lord Cameron pointed out that the corporation were responsible for the upkeep and repair of the road. , However, their inspections of it had been inadequate inasmuch as the corporation did not realize the real state of the surface and the dangers to be expected from its deteriorated condition.
The history of the road since 1951 indicated that it had received abnormal treatment and, by the summer of 1955, when the accidents took place, there was an excess of bitumen in the surface and chippings had sunk to such a degree as to be of practically no value for roughening purposes. The accidents were caused by skids, but in each case the driver was familiar with the route and there was no proof of any negligence on the part of the drivers.
The corporation maintained that the accidents were due to a combination of circumstances brought about by unusual weather and also to excessive speed on the part of the drivers.