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Road Authority to pay four-fifths of damages

20th January 1967
Page 41
Page 41, 20th January 1967 — Road Authority to pay four-fifths of damages
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Which of the following most accurately describes the problem?

ADUMFRIES woman, Mrs. Jean Cairnie, of Belmont Avenue, Eaglesfield, a passenger in a car which was in collision with a bus at Ecclefechan, Dumfriesshire, in August 1963, was awarded ,E1,300 damages in the Court of Session last week.

A jury sitting with Lord Hunter held the Secretary of State for Scotland, as the road authority, SO per cent to blame and Scottish Omnibuses Ltd., owner of the bus, 20 per cent to blame. Mrs. Cairnie sued for £2,500. The Secretary of State denied liability and blamed the driver of the bus, citing Scottish Omnibuses as party.

According to Mrs. Cairnie, it was raining and the bus driver braked to avoid a pedestrian, then skidded into the path of the car. She suffered head, face and leg injuries and was permanently disfigured. She claimed the road surface was not composed of the correct materials.

The Secretary of State maintained that the surface was recognized as suitable for roads and motorways and that skid resistance was adequate in wet conditions. He alleged the bus driver drove carelessly and too fast.

The bus company denied these allegations and maintained that the accident was due to the faulty surface.

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