Description
Location of Defect in Highway Not More Akin to Pavement than Carriageway:On appeal, Swift J. held that the trial judge had been incorrect to find that the location of a defect in the highway where the Claimant tripped was more akin to pavement than carriageway. Although he had been entitled to find that the location had occurred at a point that pedestrians were likely to use as a crossing point, which was a relevant consideration, he had erred in unduly emphasising the pedestrian use on what was an ordinary residential street. Had he applied the less stringent standards that are appropriate for a carriageway, the evidence pointed to him not concluding that the defect was dangerous.
