58 Special defence in action against a highway authority for damages for non-repair of highway

58  Special defence in action against a highway authority for damages for non-repair of highway

(1)     In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the authority had taken such care as in all the circumstances was reasonably required

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