A PUBLICAN'S RIGHT TO COMPENSATION.

Ashburton Guardian, Volume VII, Issue 1918, 14 August 1888, Page 3

A PUBLICAN'S RIGHT TO COMPENSATION.

A novel point of law was decided In the London Ooart of Appeal on Saturday, Jane 16 h, which may have considerable iofluonce In the future on the question of street Improvements and publicans' rights to compensation. Mr HowArd, proprietor of the Eight Bells publichouse m the old road to Folhata, was recently awarded by a ]'ury, sitting with an cseesaor, the sam of £1081 for damages to hia propariy caused by the pulling down of the old Patnoy bridge, and the diversion of the approaoh to th« new bridge, aa caroled out by the Metropolitan Board of Workß. Mr Howard's original olalm was for £3200 on the ground that hia takings had materially fallen cff. An action was brought to reoover the amountof damages awarded, and Mr Juatioe DaDman gave judgment for plaintiff. Agalnat this decision the Metropolitan Board appealed, and It was argued on their behalf, by Sir Henry James, that, although Mr Howard had undoubtedly sustained a loss, it was an item for whioh no compensation could be given under the statute. The Master of the Bolls and Lord Justices Llodley and Lopes have now laid down two important points. In the first plaoe, they held that, irrespective of the trade carried on, the tolling valne of the property had been injuriously affeoted by stopping the old road. In the next place, the Court ' were of opinion that the juty were ' justified m taking into consideration the ' amount of Injury done to Mr Howard's < trade as a licensed vie nailer »a evidence ; of the injury done to lha houae aa a pro- : perty. The two former verdicts m favour < of the plaintiff wero, therefore, upheld, and the precedent will be a valuable one i to all persons who suffer injury by the i diversion and blocking of htghwa)s. i