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31
In the first of these a claim was put forward by a person for personal
injuries stated to be caused by accidentally falling down upon some frozen
snow alleged to have been negligently left upon the public footway in one
of the streets. This was the first, and, so far as at present known, the
only instance in which compensation had been claimed against a Public
Authority for personal injury arising out of an accident of this kind. It is
not altogether strange that such an action should have been brought,
having regard to the fact that the obligation of clearing snow from the footways,
which had for many years devolved upon the inhabitants, had recently
been removed. The old law required the occupier of premises, during
frost or after a fall of snow, to sweep and cleanse the footway in front of
his premises, and every occupier of a house or other tenement who did not
keep sufficiently swept and cleansed all footways adjoining the premises
was liable to a penalty. "The Public Health (London) Act, 1891," had
not only repealed these useful provisions and relieved the occupiers of this
important duty, but cast it upon the Sanitary Authority as well during
the frost and snow as at other times.
The person who brought this action against the Board admitted at the
hearing that she had been led to do so by statements in the press, in which,
during the winter of 1893-4, the subject was freelv discussed and the Local
Authorities severely blamed for not carrying out so thoroughly as might have
been expected a newly imposed duty which it was next to impossible to perform
efficiently. The Board was advised the action was not maintainable, and therefore
gave directions that it should be defended, with the result that the Plaintiff
was non-suited, or in other words lost the case. The case was taken to the
Higher Court on Appeal, and the Board was again successful. It is only
fair to say the newspapers gave the same amount of publicity to the result of
this most important action as they had to the complaints during the frosty
weather, and the inhabitants will, doubtless, be relieved, as the law on the
subject is now quite settled by the decision in the case, from the liability of
having innumerable actions and claims made upon the Board, the expense
of which would naturally tend to increase the burden of the ratepayers.
Many of the Local Authorities in the Metropolis are dissatisfied with
the new law, and prefer that the duty of cleansing the footways should
remain with the occupiers of premises. This Board agrees with these
authorities, that it is better and easier for the work of cleansing the footways
from snow to be performed by the occupiers of houses, and has therefore
supported the action taken by other local bodies with a view of obtaining
a re-enactment of those useful provisions which were so recently and
unnecessarily repealed.