COURT OF APPEAL

Dominion, Volume 10, Issue 2890, 30 September 1916, Page 14

COURT OF APPEAL

Yesterday the Court" of Appeal concluded the hearing of evidence in the Palmorston North River Board appeal case. Thero were on tho Bench tho Chief Justice (Sir Robert Stout), Mr. Justice Cooper, Mr. Justice Chapman, and Mr. Justice Sim. Tho appellants In tho case are the Palmerston NorthKairanga River Board, and tho respondent is Thomas Alfred N. Frost, farmer, Palmerston North. Mr. C. P. Skoirett, K.C., with whom waa Mr. H. R. Cooper, of Palmerston North, appeared for the River Board, and Frost was represented by Sir John Findlay, K.C., with whom Mr. D. R. Hoggard appeared. In tho decision appealed against, Mr. Justice Edwards awarded Frost £75 damages, because the River Board had made a cuf through an accretion of silt which the river had added to his property, a cut which Frost declared he would have to fill up in order to prevent the.-river from flowing through it during the nest fresh. The appellant board says that tho decision is wrong in law and in fact; that Frost has no interest in tho accretion, that the cut would not lead to damago, and that tho River Boards Aot of 1908 gavo power to make tho cut. Decision was reserved.