The Law Reports (Queen's Bench Division)
[2004] QB 653
Court of Appeal
Roe
v
Sheffield City Council and others
[2003] EWCA Civ 1
2002 Nov 12,
13,
14;
2003 Jan 17
2003 Jan 17
Pill, Sedley and Hale LJJ
Highway
— Duty to maintain highway
— Highway authority
— Tram rails inserted in highway pursuant to statute
— Claimant's car sliding on wet rails and subsequent crash causing serious injury
— Statutory duty on tramway company to maintain highway in and around rails for 12 months following alteration to street
— Whether highway authority's duty to maintain highway continuing
—
Tramways Act 1870 (33 & 34 Vict c 78), s. 28
—
Highways Act 1980 (c 66), s. 41
—
South Yorkshire Light Rail Transit Act 1988 (c xxvii), s. 15
Railways
— Light railway
— Tramway promoter
— Statutory duty
— Duty to lay and maintain tram rails “on a level with” road surface and duty to maintain and keep in good condition road between and around rails
— Whether breach of duty creating private law cause of action
—
Tramways Act 1870, ss. 25, 28 (as incorporated and amended in South Yorkshire Light Rail Transit Act 1988, s. 4(1)(2)(b))
657
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