In the context of the duty of a local parish to maintain a highway, Lindley J said: ‘An occasional flooding, even if it temporarily renders a highway impassable, is not sufficient to sustain an indictment for non-repair.’
Counsel accepted that: ‘There is no authority whatever for indicting a parish in respect of a road being impassable by reason of water, unless of course the water was a consequence of neglect to cleanse ditches or some such omission of duty.’
Lindley J
(1880) 6 QBD 264, [1880] LJQB 219, [1880] 44 LT 154, [1880] JP 256, [1880] 26 Digest (Repl) 352
England and Wales
Citing:
See Also – Burgess v Northwich Local Board 1877
The jurisdiction of an arbiter was not ousted by a mere denial of liability. The authority had a duty to provide at least some prima facie evidence first. . .
Cited by:
See Also – Burgess v Northwich Local Board 1877
The jurisdiction of an arbiter was not ousted by a mere denial of liability. The authority had a duty to provide at least some prima facie evidence first. . .
Cited – Burnside and Another v Emerson and Others CA 1968
The plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of . .
Cited – Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others CA 27-Jul-2006
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty . .
Cited – Burnside v Emerson CA 1968
A car crashed as a result of running into a pool of storm-water lying across the road. The pool had been caused by the authority’s failure properly to maintain the drainage system, which had become blocked.
Held: The claim succeeded. Diplock . .
Cited – Pritchard v Clwyd County Council CA 16-Jun-1992
The plaintiff was injured wading through a flooded street. She claimed damages alleging a failure to maintain the storm water sewers. The defendants appealed a finding that they were responsible, and she appealed a contributory negligence . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.222761