Court of Appeal
Roe
v
Sheffield City Council and others
[2003] EWCA Civ 1
2002 Nov 12, 13, 14;
2003 Jan 17
Pill, Sedley and Hale LJJ
HighwayDuty to maintain highwayHighway authorityTram rails inserted in highway pursuant to statuteClaimant's car sliding on wet rails and subsequent crash causing serious injuryStatutory duty on tramway company to maintain highway in and around rails for 12 months following alteration to streetWhether 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
RailwaysLight railwayTramway promoterStatutory dutyDuty 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 railsWhether 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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