§ MR. W. H. SMITHasked Mr. Attorney General, If his attention has been drawn to the forty-second section of "The Telegraphs Act, 1863," under which the 1615 Companies constructing Telegraphs over streets were made liable for all damages and costs arising from default of their servants, public bodies having control over the streets being saved harmless; and, whether the Telegraphs were not transferred to the State subject to the liabilities imposed upon the Companies?
§ THE ATTORNEY GENERAL (Sir HENRY JAMES), in reply, said, the Question was closely connected with two Questions which he had attempted to answer formerly. When the telegraphs were transferred to the Postmaster General, there were no express words rendering the Crown liable to be placed in the same position as the Companies. Legally and technically it could not be so, for the Crown could not be subjected to an action for wrong. But local authorities need be under no apprehension as to their responsibility for injuries arising from accident. If an accident should arise, the consequences would fall upon the Postmaster General. The public bodies were responsible for seeing that the telegraph poles were erected in proper positions, so that they might not be likely to cause injury to the public, and any dispute between the local authorities and the Post Office might be referred to arbitration. But when the poles were erected, the Postmaster General took charge of them; and he, without question, would legally answer that the Crown could do no wrong. But as he could not allow the local authorities to interfere with the poles when they were once erected, he had the correlative duty of seeing that they were properly maintained; and, if injury arose, it had been admitted that compensation could be claimed. In substance, it rested with the public bodies only to see that the poles were properly erected in the first instance.
§ MR. W. H. SMITHunderstood from the answer that, in the event of accident arising from the breakage of the wires suspended from house to house in London, and erected prior to the transfer to the Government, or erected since by the Postmaster General, damages arising from such accident would not fall upon the local authority.
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)said, the inference was right in substance as to the wires of the former Companies, or those erected by 1616 the Postmaster General; but there might be private wires that the Postmaster General had nothing to do with. But as to the wires he took from the Companies or had erected since, as far as he (the Attorney General) could see, the public bodies in whom the streets were vested would not be liable.