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
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Point Arguello, Calif. -Wl'-A
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A tight 18-word announce
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