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TRACTION ENGINES.---The Sheffield County Court Judge yesterday gave his decision in an action in which Mr. Maurice Booth, coal merchant, sought to ecover from Messrs. J. and J. Dyson, brick manufacturers, be sum of £40 as damages for the loss of a horse which was killed by a traction engine belonging to the defendants, and through, it was alleged, their negligence. His Honour held that it was not necessary to find negligence on the part of the defendants' servant when the statute had so carefully preserved the liability of persons who employed a dangerous machine like a traction engine on the publio roud-an engine which was undoubtedly a very great nuisance and the cause of great danger to persons, especially to equestrians. The Act made it so clear that it seemed to him to be beyond doubt, and the case cited by Mr. Barker showed that even in a case where there was no negligence whatever attributable to the servants of the party using a locomotive on the pubic road, still they were liable for the injury so caused, and the ground of fixing that liability upon persons who used the locomotive arose upon the 12th section, 28 and 29 Vic., cap. 83, which enacted

nothing in this Act contained shall authorize any | person to use a locomotive which may be so constructed or used as to be a public nuisance at common law." Then followed these words," and nothing herein contained shall | affect the right of any person to recover damages in respect of injury he may have sustained in consequence of the use of a locomotive. Therefore what was put as the ground of liability was not negligence ; it was the use of a locomotive. Nothing could be clearer than this. His Honour, therefore found a verdict for the plaintiff, and allowed Lcosts.

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Westerhan

1891

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WITH A PAPER ON THE CONSTRUCTION AND REPAIR OF ROADS

By W. NETHERSOLE, M.I.C.E.

LONDON:

KNIGHT AND CO., 90 FLEET STREET.

1879.

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The three first editions of this work were edited by my father, Mr. WILLIAM CUNNINGHAM GLEN, Barrister-at-Law; and in the fourth and present editions, I have availed myself of his annotations.

The passing of the Highways and Locomotives (Amendment) Act, 1878, has necessitated a considerable extension of the work. That Act so connects the Acts relating to the use of locomotives on Highways with those relating to Highway Boards, that I have thought it desirable to insert the former Acts as an additional part of the book.

The plan of the work remains as in the former editions. The Introduction gives first a summary of the Highway Acts, from the Act of 1862 to that of last session, and then a summary of the Locomotive Acts. Part I. contains the Highway Acts abovementioned, omitting the portion of the Act of 1878 which amends the Locomotive Acts. Part II. contains the Locomotive Acts, including the portion of the Act of 1878 omitted from Part I. And Part III. contains the general provisions of the Turnpike Continuance Acts, 1863 to 1878, relating to the winding up of

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