Tort- duty to care Burton v. West Suffolk County Council, (1960)2 WLR 745, a highway authority carried out certain drainage work on a road to improve its conditions since it was inadequate to prevent flooding when the road was subjected to heavy rain. It was the practice of the roadman to put red flags by day and put off red lights by night whenever there was flooding which could be dangerous to vehicles. In December 1954, after heavy rain and flooding, after the water had subsided, a patch of ice formed on that part of the road which tended to keep damp because of inadequate drainage. The red flags and red lights were put off by the roadman when the water had subsided. The plaintiff was driving his car along the road when it ran on the patch of ice causing it to skid and crash into a tree. The plaintiff was injured and the car was damaged. In an action for damages though the trial Court granted the decree, on appeal, it was held that failure to provide adequate drainage by not doing sufficient work was an act of non-feasance for which the highway authority was not liable, but if the work was done negligently performed and created a new danger, the Corporation was liable. It was held that there was no duty on the defendant to warn the plaintiff of the danger of ice being on the road, and, therefore, the claim of the plaintiff for damages failed.