LAW REPORTS

Dominion, Volume 10, Issue 3127, 4 July 1917, Page 13

LAW REPORTS

SITTING OF FULL COURT BARRICADING YORK STREET The- Full Court continued the hearing .yesterday of the case brought by tho Wellington City Corporation against A. and ']'. Burt, Ltd., for alleged misuse of part of York Street, a blind streot running eastward off TaTanaki Stroet to Town A'cro 246. On tho Bench were the Chief Justice (Sir Robert Stout) and Their Honours Mr. Justico Edwards, Mr. Justice CooDer, Mr. Justico Sim, and Mr. Justico Stringer. Mr. John O'Shea (City Solicitor) appeared for tho corpora, tion, and Mr. A. S. Adams, of Dunedin, with him Mr. D. M. Findlay, appearod for the defendant company. Tho contention of the corporation was that tho defendant company, prior to Decomber 21, 19H, erected a barricade about halfway down York Street, and enclosed tho part of the streot lying to the oast of tho barricade, incorporating such part of the street with lands owned by the company on both sides. Defendants declined to accede to the request of the corporation to remoTO the barricade (a fence with a gate in. it), and continued to use the part enclosed for the purpose of storing iron pipes and othor mnterial. The corporation therefore asked tho Court to declare York Streot, for its full length, a "street" as defined in tho Municipal Corporations Act, 130S, and to enjoin upon the company the rcjnoral of tho barricade. For the defendant company it wan claimed that the piece of land enclosed was not any part of a "street" as defined in the Act, and also that no part of the said piece of land was Tested in the corporation for any estate. The erection of the fence was admitted, but it was contended that the company, being tho registered proprietor of Section 246, had ereoted the barricade on the western boundary, of tho soction, and that the land enclosed was included in the certificate of title to tho section owned by the company in fee simple. I The hearing had not concluded when the Court rose.