A jogger who tripped in a pothole is to receive compensation after a court heard it should have been repaired.
Lee Crawley, of Wilford Road, Athersley North, Barnsley, could not bear weight on his left ankle for 10 days after he stepped in the pothole in nearby Hill Top Avenue during a jog in January 2012.
He claimed that Barnsley Council's negligence and breach of duty had caused his injury but the authority denied liability.
On Thursday, the Court of Appeal dismissed the council's challenge against a judge's finding in Mr Crawley's favour in an earlier hearing.
The appeal judges heard that a member of the public phoned the council to report 'deep potholes' at 4.20pm the day before the accident.
The call was logged and forwarded to the council's highway inspectors but the council took no further action that day.
It was inspected three days later, but by then Mr Crawley had already fallen.
Lord Justice Briggs said the council's system was flawed in that reports of potentially serious defects would not be evaluated out of hours, unless they came from members of the emergency services.