APPEAL COURT

Dominion, Volume 10, Issue 2889, 29 September 1916, Page 9

APPEAL COURT

The Appeal Court Bench First Division was occupied yesterday by the Chief Justico (Sir Robert Stout), Mr. Justico Cooper, Mr. Justice Chapman, and Mr. Justico Sim, when tho case of tho Palmerston North-Ivairanga River Board, appellants, and Thomas Alfred N. Frost, farmer, of Palmerston North, respondent, was taken. < Mr. C. P. Skerrett, K.C., with Wm Mr. 11. R. Cooper, of Palmerston North, appeared for the appellants, and Sir J. G. Findlay, K.C., with him Mr. D. R. Hoggard, for tho respondent. The appeal was from a recent decision of Mr. Justico Edwards. At the original hearing in Palmerston North tho statement of claim, on behalf of Frost, set out that he was tho owner of sections 229, 230, and. 231, town of Fitzliorbert, together with an accretion thereto caused by the gradual deposit of eilfc and shingle from the Manawatu River; also that in September, 1915, the defendant board commenced to make a cut, or trench, across the said accretion, and the work upon such cut or trench still continues. It was claimed that tho defendant board bad caused damage to the plaintiff's land by reason of tho severance effected by tlie said cut or tronoh, and that tlie plaintiff would have to fill it up in order to prevent the river from flowing through it during _ the next fresh, which would result in a large area of plaintiff's land being carried away. The plaintiff claimed £100 damages, and an injunction restraining the defendant board from proceeding with tho construction of the cut. Tlie statement of defence admitted tho plaintiff's ownership of the sections mentioned, and that the work of tho cut bad been undertaken by the board. It was denied that the plaintiff had any interest in the accretion to tho land caused by tho river, if suoh accretion existed; also that tho water flowing through tho out would cause any damage to plaintiff's land. _ Bv way of further defence it was olaimcd that the gravel spit- which the plaintiff claimed as an accretion to Ilia property was situated in the bed of the Manawatu River, ,whicli is vested in and under the control of tho defendant board; also that the work had been undertaken by the board in pursuance of the powers conferred on it by tho River Boards Act, 1908. A great deal of evidence was given at the trial, and His Honour Mr. Justice Edwards gave judgment for tho plaintiff, awarding him £75 damages and granting the injunction sought. Against this decision tho defendant board appealed, on tho ground that the judgment was erroneous m point of law and in matter of fact. A good deal of time was.absorbed in discussing a preliminary objection raised by Sir John'Findlay regarding a< now point which had been raised by Mr. Skerrett for the appellant, which had not been Taised or made an issue at tho original hearing. Then. he (Mr. Skerrett) argued on the basis of tlie ownership of the land, but now in addition he virtually said that if tho land were not tlie property -'of the board, tho board had a right to enter on respondents property and carry out certain work. Mr. Skerrett, in reply, stated that' tho "new point complained of was actually in tho pleadings, but it had not been referred to in the lower Court merely through inadvortenca or oversight on the part of counsel. The hearing of argument had not concluded when the Court rose yesterday. ,

For Children's Hacking Cough, Woods' Great Peppermint Cars.*