GUIDE LINES FOR DETERMINING TORT LIABILITY OF HIGHWAY AGENCIES AND CONTRACTORS

THE DISCUSSION MAKES THE FOLLOWING ASSUMPTIONS: (1) SOVEREIGN IMMUNITY DOES NOT APPLY, (2) A PUBLIC AGENCY WILL BE SUBJECT TO THE SAME RULES OF TORT LIABILITY AS IF IT WERE A PRIVATE CORPORATION. IN THE STATES OF NEW YORK AND NEW JERSEY, THE COMMON LAW AND MOST STATUTORY LAW ARE APPLIED EQUALLY TO PUBLIC AGENCIES. CASES AND DISCUSSION ARE PRESENTED ON THE FOLLOWING: (1) OWNER'S RESPONSIBILITY FOR INDEPENDENT CONTRACTORS' NEGLIGENCE, (2) THIRD PARTY BENEFICIARIES, (3) INDEMNITY CLAUSES AND LIABILITY INSURANCE, (4) TEMPORARY INTERFERENCE WITH ACCESS, (5) UTILITIES IN HIGHWAYS, (6) NOISE, DUST AND OTHER INTERFERENCES WITH THE PUBLIC, AND (7) PATENT INFRINGEMENT.

  • Digital Copy:
  • Supplemental Notes:
    • pp 102-114
  • Corporate Authors:

    Highway Research Board (HRB)

    Washington, DC   
  • Authors:
    • Abrahams, Richard K
  • Discussers:
    • Lindas, Leonard I
    • Netherton, Ross D
    • Thomson, James E
    • Lehmann Jr, Carl H
    • Williams, Glenn A
  • Conference:
  • Publication Date: 1962

Media Info

  • Media Type: Print
  • Features: References;
  • Pagination: pp 102-114
  • Monograph Title: Selected problems relating to highway laws, 1962
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00238731
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Sep 29 1994 12:00AM