COMPENSATION COURT

Dominion, Volume 7, Issue 2005, 12 March 1914, Page 9

COMPENSATION COURT

J SF/PTIC TANK AT KAIWAMU. I Yesterday the Compensation Court continued -the hearing of the- claim of John Holmes and Jonah Harris, vk> carry on business at KahVarta as Hirst and Co., against the Wclitngtoii fcity ta-rpoi'atiaii. A largo - part of the borough of Karo.ri—},oai.o-525 acres-—is now drained into a septic tank near Kanvafra, and this is alleged to bu a , n-uisaiiße to Kaiwara property-owners. : in this ttt-se the elaim is for £840, and ; is- made up as follow:— Lmd take.w under' proclamation (1 rood- 7.02 porches), £560; .other, bifid, injuriously affected, by (a) laying of sewage, and ttramage pipes, £10.0; (» deprivation ot access, £80; and - (c) depreciation iii value, £100.. 'fhe.Cotirt set up to hear the claim . consisted of Mr. Justice Booking (President), and Messrs. C. B. Mor-is.cn,. JCCti.,. and L. H. ft. Wilson (assessors). Mr. A. Gray, K.C., with : Mr. O. jf. .Beere, is appearing for Holmes m$ Harris,, while the Oity Solicitor (Mr. J. O'Shea) is appearing ior the corporation. Evidence in sup-part of the claim was cOßekded, and tl« defense was ciit&ttd upon.

Mr. O'Sbea, in oijtlinijig the defence, onoteaded that the land taken was of no •great value, and that the claim was altogether too high. There was nothing to prevent people 'biiiHins" over sß«'crs. In faet. houses in n certain locality in tlie oity were built jjvef a sewer. Ho sueadsted tli-.it, nroasonnble airftrd would be £o0 U) "£75 for the land takon, and £20 as dnftiages'iu respect to the placing of the pipes. There was no depreciation in a<ttpss„ and tho septic tank did not creato am--utiisriiK-o to the adioiiiintr land, Ti was clear that no houses Would be erected cm tlio. nrdfpettv. AM these ■paints, Mr. O'Slwa said, if m-"oveii. would make it clear that, the claimants were only entitled U> a small sum by \va.v_ of compensation. _ His Honour rema-fked that tllo oniMtion of sentiiuental rahio sbonld be psmsiderad. Otio would not liko to sav, in answer to o. qwiry as to where ho lived: "o'ii, ? five out near t&o septic tank.".- ' '' ■ The case will bo concluded this morning. ■