Council Wins in Road Condition Claim
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REGARDED as an impottant case to local authorities and one that, during its hearing, was closely watched by the Ministry of Transport, an action raised against the Perthshire County Council by an Aberdeen haulage contractor has been won by the council.
The pursuer claimed £:140 14s. 11d. from the council as the result of one of his lorries skidding at the Greenloaning junction of the Glasgow-Perth road. The claimant maintained that it was the duty of the council to sand the road, and that, if any part of the road had not been sanded during a -spell Of frost, the council should warn drivers. The sum claimed represented damage to the lorry, loss, compensation to customers, and salvage.
The council claimed that the driver of the lorry was not properly performing his duty and that he took the corner at too high a speed in view of the prevailing conditions. It admitted that it was its duty to maintain roads in its area in a condition that allowed the safe passage of traffic, and it held that the road, on the night in question, had been sanded, but that-the passage of heavy traffic had rendered the tr ment somewhat ineffectual. .
Sheriff Valentine, finding for county council, pointed out that came to the conclusion that the dr took the corner at too high a sj for the conditions .prevailing. He already found that it was the dut: the defender bes take reasonable car maintain the road in such a condi that vehicles might pass in safety, he thought that, in this instance it performed that duty.
Pointing out that the driver of lorry, that skidded, was expecte( reach Carlisle from Aberdeen—a tance of 227. miles—in eleven la driving time, the Sheriff said that meant that he would have to mair the maximum speed for such a ye —20 m.p.h.—through towns and 'ages, and around curves.
Sheriff Valentine found that the driver contributed to the accic " In fact," he said, " I take the that his driving was the sole cam the accident, because defender done what it could to minimize risk." _