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Highway – Maintenance. The Queen's Bench Division allowed the local authority's appeal against a decision that it was liable to the respondent for breach of its duty under s 41 of the Highways Act 1980 for failing to remove moss on which the respondent had slipped from the surface of the highway. It could not be said that the scope of a highway authority's absolute duty under s 41 of the Act extended to the removal of 'moss'.
Highway – Maintenance. The Queen's Bench Division allowed the local authority's appeal against a decision that it was liable to the respondent for breach of its duty under s 41 of the Highways Act 1980 for failing to remove moss on which the respondent had slipped from the surface of the highway. It could not be said that the scope of a highway authority's absolute duty under s 41 of the Act extended to the removal of 'moss'.
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