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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Aug. 23, 1962)
2 B THUHbUAY. AUGuSf 23. 1962 MLUr'OhU Mail OntlON California Law Student Studies City Liability New York - (UPD - Chances are that a motorist injured in en automobile accident caused by a defective traffic signal would be unable at present to obtain compensation from the municipality. But Patrick Herbst, a Ger man law student who wrote his master of laws thesis on municipal responsibility in traffic accidents, believes there Is a definite legal trend for holding cities liable in euch cases. Herbst said most munici palities are liable under stat utory law for injuries sus tained in accidents resulting from their failure to keep streets unobstructed and in good repair. He contends maintenance of traffic signals and signs are just as much a part of a municipality's re sponsibility for safe condi tions. Thesis Published Herbst's thesis at the Uni versity of California, "Munic ipal Tort Liability for Inad equate Traffic Regulations," was published by the Amer ican Safety foundation. The main argument againsi a city being held responsible for accidents caused by traffic control system failures, Herbst said, is that traffic regulation is a police power and there fore immune from liability. Street' maintenance on the other hand, relates to the cor porate powers of a city, which carry liability under common law. Generally, Herbst said, courts have ruled against plaintiffs who contended maintenance of traffic signals fell under a city's corporate duties. However, there have been some dissenting opinions by prominent jurists, he said Statutes Give Responsibility Herbst said that in several cases the question of whether communities were liable was decided on whether or not municlupal statutes expressly give city officials responsibll itv for maintaining traffic signals. If such a responsibll lty was in the statutes, Herbst said, courts have ruled that municipalities were liable for injuries resulting from signal failures. In cases where setting up signals and signs was not spe cifically made a municipal duty by statute, courts ruled it was a police power and the city hud Immunity, Herbst said. Herbst urged that liability for accidents resulting from defective signals be extended to all cities, regardless of how the statutes read. He believes such action would guarantee safer traffic conditions be cause the liability would put pressure on city authorities to maintain controls more ef ficiently. Bomber Crashes North of Boise Boise, Idaho - MM) - A B47 Jet bomber on a training flight from its Arizona base crashed in rugged timber-covered mountains about 40 miles north of Boise shortly before lust midnight. The three crew men aboard were believed killed. The bomber crashed, ex ploded and started a forest fire. A fire lookout near the crash site said rescue workers "found parts of bodies" in the scattered wreckage. Officials at nearby Moun tain Home AFB identified the crew-members as aircraft com mander Lt. Col. Raymond N. McDonald, 40, Eldorado, Tex.; co-pilot Capt. William C. Lebbs, 30, Omaha, Neb.; and navigator Mu). Glen A. Mc Clure, 38, Wavcrly, Iowa. The wreckage was scattered over five acres in the moun tains near Smiths Ferry. Sixty-five fire fighters battled the blaze touched off by the crash in the rugged fir timber and brush country. My PAYS M-7i W 'J .- -I 1 J A for STAMP SAVERS Redeem Your Filled Books At The Groceteria For $2.00 Per Book You Get HOT PRICES and THRIFTY GREEN STAMPS, Too, at your GROCETERIA! m x Mil nun &m QUEEN w l- Aim Cm. 7 ?9 3 BRADLEY FROZEN PIES SJ 00 APPLE - PEACH CHERRY -BOYSENBERRY Groceteria Savings! ASPARAGUS HrlH::i 3 KITCHEN QUEEN FLOUR 10 Pound Bag su SO Bonus Stamos Bonus Sfamos j With Hunfs Limit Please Crown Flour 10-lb. Bag 89c 4r M I V w e X 4 Cans With 22 oz. 39c Size Nalley Lumberjack Syrup Folgert 6 ox. 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