Hardwick v Moss and Another
| Jurisdiction | England & Wales |
| Judgment Date | 04 June 1861 |
| Date | 04 June 1861 |
| Court | Exchequer |
English Reports Citation: 158 E.R. 423
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C 31 L J. Ex 205, 7 Jur (N S) 804, 4 L T. 802. Principle applied, Poulsum v. Thrist, 1867, L R. 2 C P. 452. Explained, Judge v. Selmes, 1871, L. R 6 Q N 728
hardwick t1 Moss and ano'lher. June 4, 1861.-A surveyor of highways is entitled to the protection of the 10'Jth section of the 5 & 6 Wm 4, c 50, if he had reasonable ground for beliewng that he was acting under the authority of that statute -Therefore wheie a paiish directed their surveyor to erect a machine for weighing stones purchased for the highways, and he employed a labourer to make an excavation in a public road foi the purpose of placing the machine there, and left the material dug out in a heap at night without any light, whereby the plaintiffs vehicle was overturned and himself injured. Held, that the defendant was entitled to notice of action [S. C Jl L J. Ex 205, 7 Jur (N S } 804 . 4 L T. 802. Principle applied, Pouhuni v. Tkitut, 1867, L K. 2 C P. 452. Explained, Judge v. tielme*, 1871, L. K GQ B 728] The declaration stated, that the defendants wrongfully and carelessly made a certain excavation in a certain highway leading from Bradford to Leeds for the purpose of erecting a certain weighing machine there, and wrongfully and carelessly placed certain large quantities of earth, stones and rubbish, dug up from the said excavation, in a heap in and upon the said highway, and suffered and permitted the same to remain there during the night, without any light or means to prevent persons from driving against the same whereby the plamtift, whilst he was lawfully driving along the said highway in the night time, drove his horse and carriage against the said eaith, stones and rubbish, and upset the said carriage , and the plaintiff, who was then riding in the said carnage was thereby and by reason of the premises greatly injured, &c. [137] Plea. Not guilty (by statute 5 & 6 Wm 4, c. 50). Issue thereon. At the tiial, before Keating, J., at the last Yorkshire Spring Assizes, the following facts appeared:-The defendants were the surveyors of highways for a parish in Armley, in the borough of Leeds In May, I860, a vestiy meeting was held, pursuant to a resolution of the boaid of surveyors of highways in the township of Armley, at which meeting it was resolved that it would be to the advantage of the town if a weighing machine were erected to check the weight of materials purchased for the use of the highways, and the surveyors were accordingly authorized to purchase one. No directions were given as to where it was to be placed. In...
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