COMPENSATION CASE.

Dominion, Volume 1, Issue 38, 8 November 1907, Page 6

COMPENSATION CASE.

J. R. MORRISON v. MANAWATU RAILWAY COMPANY. A sitting of the Compensation Court was held in AVellington yesterday, Mr. Justice Cooper presiding, with Messrs. H. E. Leighton (for claimant) and A. H. Miles (for respondents) as assessors. The caso for decision was that of John L. Morrison v. the Wellington and Manawatu Railway Company, a claim for £485 for land taken under the Public Works Act. Mr. Bunny appeared for claimant, and Mr. J. P. Campbell for respondents: In opening, Mr. Bunny said tho land taken consisted of 3 roods 4 perches, situated alongside the railway station in the township of Paraparaumu. The parties had failed to agree as to a price, and the Court was now called on ,to assess the actual valuo of tho land.

His Honour pointed out that ono of tho assessors had seen the land and tho rest of the Court had not. There was nothing wrong in that, but all should bo on tho samo footing- " . Counsel on both sides expressed the opinion that it would be desirable for the Court to examine the land, and it was left to his Honour to decide the point later. AV. 0. Beero, surveyor, gavo evidence as to surveying tho land in 1905. Tho plan produced was a fair copy of the subdivision made. The land was either the best, or as good as any thoro. It was level, and thero would bo no difficulty in utilising it for building purposes. He considered 71 feet of the land to bo worth £2 a-foot, and the remaining six sections £50 each. Tho first section was suitablo for a hotel or other building purposes. To Mr. Campbell:—He had had nothing to do with any land sales at Paraparaumu. The values ho had fixed were, formed entirely on his own opinion. - John L. Morrison, sheep farmer, stated that.he would not take less than £1 a foot, selling the sections as a job lot. But ho did not desire to sell, and would be glad if the company would leave him half, and allow him half the compensation. Ono of his proposals was to orcct a flax mill,' and thero was a capitalsite, with a railway siding. Cross-examined, witness said the sections could not bo improved upon for residential purposes anvwhere on tho lino. Land adjoining had doubled and trebled m value. Jamos W. Braithwaitc, town clerk of Johnsonvillc, auctioneer and land agent, stated that, in his opinion, claimant s land in question was particularly valuable. It had two frontages, and tiio ono at the rear had special facilities for loading and unloading goods. Land in tho district had risen steadilv, and he considered claimant's land as being worth about £590 at the .present Cross-examined, witness said ho had not lived in Paraparaumu, and had not had nny land dealings thero. Ho had a general knowledge of the district, and from that arrived at his valuation. Ho considered Paraparaumu could bo called a township. Bonjamin Dawson, land agent and valuer, said land had been rising in Paraparaumu, and ho considered Morrison's property was tho-best- there. ' - Frederick Brady, Wm. J. Howell, and Charlos H. Baker also gavo ovidenco to the same effect, and this closed tho caso for the claimant. Mr Campbell, for tho respondents, stated that, in April, 1905, the claimant purchased 5 acres 3 roods 17 poles from the Native owner for £200. Ho now claimed £485 for ono aero which tho respondents had taken for railway purposes. As a matter of fact, laud in Paraparaumu' had not increased in value during tho past fivo years. Mr. Morrison's sections wero inconveniently situated with regard to tho railway station. Unless a person living on the section committed a trespass he would have to walk round a distance of several chains. Francis Bailoy, who was, at one timo a storekeeper at Paraparaumu, gavo evidence that ho owned a property, near the railway station, containing 2 roods 32 poles, and valued at £135. His sections were not as large as Morrison's, but wero" worth three or four times as much on account of tho fact that their situation was bettor. A considerable portion of Morrison's' land was shinglo, and a good deal of material had been taken away for road-making purposes. There were about 25 buildings in tho township of Paraparaumu and a few houses had been erected on the outskirts. During the past'five years four or five cottages had been built in tho neighbourhood. Ho valued Morrison's property at from £50 to £G0 because it was a narrow, long strip. Thero was no demand in Paraparaumu for land as business sites.

James Marshbanks, engineer for the company, deposed that Morrison's sections wero worth little more on account of their vicinity to the railway gates, because the station gates were locked during a considerable portion of the day. Charles S. Brandon gave evidonco as to the prices ho had obtained for sections in various parts of Paraparaumu. Evidence was also given by Benjamin Lynch. ; The Court then adjourned until 11 o'clock this morning.