Getting Mixed Up.

Gisborne Standard and Cook County Gazette, Volume II, Issue 186, 23 August 1888, Page 2

Getting Mixed Up.

At the Borough Council meeting on Tuesday a letter was received from Mr Kenny, County Solicitor, demanding the immediate payment of £76, damage done to the Ormond-Waimata road by the excessive traffic caused through stone being conveyed to town for the purpose of metalling Gladstone Road. The Clerk said the letter had been shown to the Mayor, who had told him to acknowledge it. He had since received a summons, and the action would be heard on the following Tuesday. The Mayor said he had seen the letter, but he did not take the responsibility of holding a special meeting, knowing that the majority of the Councillors would not agree to pay the amount. Cr Whinray thought they could not have more forcible evidence in support of his scheme for the supply of stone. Cr Whinray thought that this action was to be regretted. It seemed an unusual thing for one local body to proceed against another. It was a pity the two Councils could not come to some understanding and work together for their mutual benefit. Parts of the road had not been formed, and the traffic could scarcely be called extraordinary traffic. Cr Joyce said the demand was really without any grounds at all. The specifications of the contract exonerated the Council from any claim for damage or loss. The contractor was the only one who was responsible. The County Council had just enforced a bye-law with reference to the Ormond-Waimata road. He thought it would be more judicious if the Council had tried to work with them instead of boycotting them. He proposed that a reply be sent to the Council declining to acknowledge any responsibility. Cr Townley did not think that was necessary. There were only two courses to takepay the money into Court or instruct their solicitors to defend the case. He thought the County Council had brought the action to see if they had the power to recover damages. Cr Ponsford did not think the Council was liable for the damage done, and it would have to be proved that the drays carried extra weight. Cr Harding proposed that the Borough solicitor be instructed to defend the case. The Mayor seconded. — Carried unanimously. Cr Joyce thought it would be advisable to supoena Mr Knox to give evidence as to the weight carried by the drays. The Mayor said the solioitors would see to that.