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TIDE TABLE FOR THE NORTH WALES…

THE NATIONAL EISTEDDFOD.

WEEK BY WEEK.

SAYINGS OF THE TVEEK.

Llandudno Sea Anglers' Association.I

Llanrwst Petty Sessions,

Colwyn Bay Footpaths.I

Alleged Extraordinary Traffic…

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Alleged Extraordinary Traffic at Colwyn Bay. On Thursday, at Llandudno County Court, the Colwyn Bay Urban District Council were the I plaintiffs in an action brought against Joseph Gray, heavy haulage contractor, Neston, claim- ing altogether a sum of ^29 17s. 2d. as damages for alleged extraordinary traffic, and damage to ¡' railings on the road leading across the top of Colwyn Bay to Llanrwst. I Mr James Amphlett (clerlc and solicitor of the Council) appeared for the plaintiffs, and the defendant was represented by Mr Greaves Lord, barrister. For the plaintiffs it was stated that a contract. was let to, the defendant by the Telegraph De- partment of the G.P.O. for the haulage of tele- graph poles to construct a new line of tele- graphs which was to run between certain parts of North Wales and London. The contract wa,. entered into on the isth October, 1908, and from the agreement, Mr Amphlett took it that the contractor was responsible for any damage done during the carrying out of the contract. The work was done during last winter, and was finished in January this year. To carry out the work, the contractor had a heavy traction en- gine and trailer. The point he would have to show was that the damage was caused-by this traffic, and the Surveyor would also certify that the work had been necessary. The road was a country one, and was constructed mainly for such traffic as the farming fraternity would re- quire, and was never intended for heavy traffic. The telegraph poles were dragged up by this heavy engine, and when descending a steep hill, the brakes were put on, and the road was ab- solutely ploughed up, and the Surveyor was compelled to keep a man on the road daily to fill up the ruts, to make the road safe to travel along. The road was narrow, and when the en- gine was on it, it was impossible for another vehicle to pass. He (Mr Amnhlett) had the un- pleasant experience of being in a motor car, and they had to keep behind this traction engine the whole way. The Judge asked Mr Greaves Lord whether he challenged the excessive weight? In reply, Mr Lord said his main point was that he was not liable, because he was not the person contemplated as being liable by the Act. Mr Amphlett then read letters which had passed between the Surveyor and the Contrac- tor, and the latter, in one, stated that it was his brother, Thomas Gray, who was doing the work, and that Mr Amphlett had better see him. He further added :—" If your roads are not capable to carry six tons on a twelve inch wide wheel, and the water mains not put deep enough to carry this, it is nearly time they were made to do so." The advocate went on to say that there were numerous letters of complaint received from well-known residents in the district. He communicated with the Post Office Authorities, and ascertained that the contractor was Joseph and not Thomas Gray, as alleged. Mr Lord said the point was raised in this way. Joseph Gray was the contractor, and it was quite true he entered into the contract. It was also true that the man who carried it out was Thomas Gray. THE SURVEYOR'S EVIDENCE. William Jones road-surveyor of the Council, gave evidence, and said that he found the poles were being hauled from Old Colwyn and Col- wyn Bay stations by a traction of a very strong type, and a heavy trailer. The poles varied in length fro-n 35 feet to 70 feet. He estimated the weight of the engine to be from ten to twelve tons, and the trailer about two, tons. There would also be from eleven to fourteen poles on the load. Owing to the damage, he had to keep a man specially on the road to fill up the ruts. Cross-examined A fair weight on this road would be one to two tons, and he believed that anything above that was excessive. The weight ot the telegraph poles would average about twelve cwts. The road was constructed of or. dina.ry macadam secured from the locality. It was a country road mostly used for agricultural purposes. William Jones, road foreman, considered that the weights were too heavy, and he called the attention of the driver to it. There were deep ruts in the road, caused by the engine ploughing its way through when the brakes were put on. The engine crushed all the stone in the road. Cross-examined, he denied that Thomas Gray asked witness to send a bill to him for the dam- age to the railings and he would pay. Thomas Wynne, a roadman employed by the Council, said that no cart weighing more than a ton ever made use of the damaged road, because there was a better one to be traversed. The road was quite good enough to bear twice the weight the engines bore, but the brakes caused the damage. He had counted fourteen poles carried on one load on the trailer in November. George Duckers, Furse Mount, Colwyn Bay, said he knew the road very well, and he never understood it was to be for traffic of the nature that the defendants carried on. William Slingo, Superintendent Engineer of the Post Office Department for North Wales, produced the agreement between the G.P.O. and the defendant. Replying to Mr Greaves Lord, the witness agreed that the approximate weight of a forty foot pole was twelve cwts., and a forty-five foot pol-e fourteen cwts. -two* quarters. Of the poles carried under this contract, there was one sixty- five feet long carted from Llandudno Junction. He believed that the longest pole carted along the roads in question was forty-five feet. The largest number of poles carted at once was twelve, but there were several such loads. Four- teen were taken from Llandudno Junction, but it was very easy to make a mistake in counting them on the trailer. The loads averaged some- where about seven tons. Thomas Gray did the work, but Joseph Gray signed the contract, and was paid for the work. Re-examined, the witness said it would have paid the contractors undoubtedly if they could have placed an extra pole on the waggon. THE DEFENCE. For the defence, Mr Greaves Lord stated that the weight of the engine was nine tons, and the width of the wheel rim was sixteen inches, and the diameter seven feet, so that it was well within the provision of the Act of Parliament. His main contention was that upon the Act of Parliament, with regard to the person who was to be made liable, the contract had nothing to do with the action, because it was a private mat- ter between the G.P.O. and the contractor. Under the circumstances, the person liable, and the person whom it was intended to make liable, was the person who had originally caused the traffic to go along this particular road, and the only way in which that person could escape liability was by proving that he took no part whatever in the business himself, and that his servants took no part in it, but here was the Post Office, who were the persons who caused

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