LAW REPORTS.

Dominion, Volume 5, Issue 1543, 12 September 1912, Page 2

LAW REPORTS.

« SUPREME COURT. (Before His Honour Mr. Justice Chapman) RAINSTORM OF FEBRUARY, 1911. DAMAGES GIVEN. CITY COUNCIL TO PAY i:350. Mr. Justice Chapman delivered a reserved judgment in the Supreme Court yesterday in an action claiming damages for injury to land as the result of an inllow of stormwater from. Graf ton Road, Hoseneath. The action was tho outcome of the exceptionally heavy rainstorm of February 25, 1911. The parties were: John Wallace Easson and Percy George Easson, plaintiffs, and the Wellington City Corporation, .defendants. The Wellington Gas Company, Ltd., was added as a third party, but was discharged at the commencement of the hearing, as plaintiffs at that time amended the statement of claim by permission of the Court. The claim was limited to the wrong done by the closing of a. drain, and the damages asked for were reduced to .£750. At the hearing, Mr. C. P. Skerrett, K.C., with him Mr. T. C. A. Hislop, appeared for the plaintiffs: The City Solicitor (Mr. J. O'Shea) appeared for the Wellington Citv Corporation, while Mr. H. D. Bell, K.C., with Mr. T. Neave, appeared for the Wellington Gas Company, Ltd. It appeared that plaintiffs were the owners of three houses, in" Grafton Road, Roseneath. In 1903, by arrangement between the Borough of Melrose and the owners of the land on either side of Grafton Road, sufficient land was dedicated to make the road 06ft. in width. In consideration of this the Borough of Melrose undertook certain work, in particular a reduction of parts of the grade. This work was completed by: the Wellington City Council, into which the Borough of Melrose was merged in . April, 1301. Plaintiffs alleged that, by the reduction in the grado of Grafton Road, stormw.iter was led out. of its accustomed channels, and on February 25, 1811, a large quantity was turned on to plaintiff's land, and did damage both to the land and houses. It was further alleged that certain pipes laid by the City Council had proved wholly inadequate to take the place of a natural water-course, which hod been blocked by the. work, in 1903, aiid that this (with the alteration of the grade) and tho closing of a drain, had been responsible for the damage. ■ The City Council denied liability, and declared that the water which had flowed into plaintiff's lands had been occasioned bv tho act of God; and not by negligence, plaintiffs were not entitled to damages. .Moreover, the fact that plaintiffs had excavated their land to form a basement for one of the houses, without providing any structure to replace the loss of lateral support, was primarily responsible for causing tho damage. In the course of his. judgment, his Honour held that the City Council, by closing the drain, hnd rendered themselves liable for part of the damage. Judgment would be for'the plaintiffs for ,£350 arid costs. Tho Wellington Gas Company were also allowed costs,, subject to a further order of the Court. SPECIAL JURY. A DECISION OF INTEREST.*. .Professional men, who .may have to suo for fees, will bo interested in a judgment delivered in the Supreme Court yesterday by the . Chief Justico (Sir Robert Stout). The question before the Court was ao to whether a special jury should be allowed, in the case in which Dr. M. A. M'Carthy, of Greytovn, is proceeding against a settler and his wife to recover the sum of .£262 10s. alleged .to be due for professional attendance; Mr.. M.«'Myers, on behalf of the plaintiff, asked tfiat the case should bo heard before a special jury of four.' Mr. A. R.. Atkinson appeared for the defendants, and opposed the application. After considering, the question, his Honour granted the application. ■