COURT OF APPEAL.

Dominion, Volume 4, Issue 1192, 29 July 1911, Page 14

COURT OF APPEAL.

THE TOWN-PLANNING OF 1868, POSITION TO-DAY. Tho Court of App-al was occupied all day yesterday with tho further hearing of the case.of Walter Smart v. Robert Lionel Levin. On the Bench were Sir Joshua Williams and Justices Edwards, Chapman, and Sim. Mr. A. Dunn appeared for appellant, and Mr. H. D. Bell, K.C., with him Mr. G. H. Fell, for respondent.

Appellant is the owner of a piece of land fronting on Willis Street and Old Customhouse Street, and tho respondent is the owner of an adjoining section. On appellant's section there is a wooden building (built in 18G8), occupied by him as a shop, and having a window on tho boundary of and overlooking respondent's section. Appellant claimed that a right to light had been acquired. The question decided by his Honour the Chief Justice in Hie Court below was whether the plaintiff was entitled to a declaration by tho Court that ho was entitled to the light of this \rin- . dow, and to an injunction restraining the defendant from interfering with plaintiff's enjoyment of that light. Jli s Honour held that there was nothing to show that plaintiff had transferred to him any easement, and that, therefore, his statement of claim did not disclose a cause of action. From this decision plaintiff appealed on the ground that it wa9 erroneous in point of law. After hearing legal argument, their Honours reserved decision.