LAW REPORTS.

Dominion, Volume 6, Issue 1770, 7 June 1913, Page 14

LAW REPORTS.

SUPREME COURT. CLAIM MADE FOR £2000. ON CITY COUNCIL. CHILDERS TEEEACE PROPERTY. ,/' ' . — Th'e Supremo Court iras occupied yostorclay in hearing a claim for compensation by John James Boyd against tho Wellinirton City Corporation. Tho claim was mado under'the Municipal Corporations Act, 190S, and- the Public Act, 1906. Tho amount of the claim was 42000. His Honour Mr. Justice Sim (presided. Mr. A. L. \\ r ilson was assessor for tho claimant, and .Air. "\V. Ferguson assessor for tho corporation. Sir jolm Fmdlay, with him fllr. V. M. i'mdiay, appealed in support of the claim, and Mr. u. O'Shea (city solicitor) appeared, to oppose Sir John Findlay, in an outline of his case, said that, tne. property concerned was in Ohilclers Terrace, near Kiibirnic. Cliilders Terrace was now better knora as a part of the Drive, the principal xoad: between Ivilbinii© aild island Bay. Eight or nino years ago tho claimant iioyd erected sis houses on tho terrace. Tuo houses wero put up with the usual permit from tho City Council. At/that time, the road was. apparently, permanently formed, but about a year a"0 the level of the road was raised about sft. 6in-, a concrete wall was constructed along the front of tho_ land, and « loin, drain-pipe, discharging on to part of the site, laid down. Tho effect of these alterations had -been to render tho land and the dwellings less habitablo, less lettable, and less saleable; sur face-water concentrated and discharged on the property, and made it damp and liable to Hoods. It was contended that the road in question had taken some permanent shape before tho houses were erected. It was liard to fay why alteiations of the kind described were subsequently made, but it was unquestionable that much damage had beon to tho property of Boyd. Five of tho sil houses used to be constantly occupied, but now three were vacant, and tlio rental of all had had to bo lowered. In tho courso of evidence, the clamant (Mr. Boyd), stated that, heforo tho erection of tho wall, he valued tho land at £IS9O, and tho houses at. •iKiUO. This was at the rate of per foot for the land, and £150 for each house. Since the alterations eftected by the corporation, the property had decreased in value to tho extent of 60 per Gent. Referring to the houses, ho remarked: "You can't let th6ni, you cant sell them, you can hardly give them away, and if you get a tenant in you aje atraid to collect the rent." * Mr. O'Shca contended that there was no legal ground for tho claim, llio street was a private one. It was common ground that there was no map of the street, and counsel contended thattne road had never been permanently formed. The construction of tho wall was incidental to the altering of tho level. • The alterations to the road were necessary, as tli« bank was positively dangerous. Tho City Engineer showed plans of the pro- > posed alteration to all the people concerned, and cauio to arrangements witn all of them except Boyd, who took up a 'wrong-headed attitude, and mado absurd demands, in tho hope, presumably, oi getting tho corporation to take a bad property off his hands. Boyd eluded and evaded the engineer, who offered to make accesses to tho claimant s houses. Tho alterations had appreciated, not c'ep-eci-atcd, the value of the property. \. Tho case was not concluded when the Court rose for tho day, and hearuig ot evidence will be resumed this morning. 1 DIVORCE CASES George Henry Broome was granted a decreo nisi against Alice Mary Broome, who was alleged to luiv© wen. guilty oi misconduct with Andrew Doyle. Olive Lilian Frances Hill was granted a decree nisi in respect of her application for dissolution of her marnage with Edmund Hill.