ALLEGED DAMAGE BY FLOOD WATER

Dominion, Volume 11, Issue 98, 18 January 1918, Page 6

ALLEGED DAMAGE BY FLOOD WATER

• 9 JUDGMENT FOR PLAINTIFF. Reserved judgment was delivered in the Magistrate's Court yesterday morning by Mr. G. Riddell, S.M., in the case of Albert Edward Hugh and James Kirk, billiard-room proprietors, against George A. Scott . (Scott Motor Company), a claim for £152 3s. The plaintiffs, in their statement of claim, stated that defendant is the occupier of a motor garage abutting upon a right-of-way running from Dixon Street to the back of plaintiff's billiard saloon in Manners Street. That this right-of-way is defendant's only means of access to his garage. That prior to September 26 last defendant caused oig directed to be placed on or about the right-of-way a great quantity of ashes, cinders, and other material which so altered the natural or existing levels and formation of the right-of-way, that by reason of such alteration the natural flow of water was diverted, and nn increased volume of water was caused to flow towards plaintiffs' premises, causing the premises to bo flooded and damaged, and plaintiffs therefore claimed £112 3s. special damages and £40 general damages for loss of custom. etc., caused by such flood. Tliere was little or no dispute between the parties as to the facts which led up to tho damage. The right-of-way had been in existence for 35 or 40 years, although never properly formed or metalled. Its surface was rough and without regular grading, and owing to the traffic of wheeled vehicles the right-of-way became very muddy in wet weather. The defendant contended that, as a matter of fact, less Water came on to tho surface of the right-of-way owing to the measures which had been taken to divert the roof waters into drains provided for them. All water which fell upon tho right-of-way or flowed into it front various sources escaped either by'- tho drains referred to or by natural flow on to tho properties of the lower adjacent owners. The condition of the surface of the right-of-way was so unsatisfactory in wet weather that it called for improvement. Defendant and a number of contributors who used the right-of-way, including the owners of plaintiff's premises, arranged to have the right-of-way regraded and its surface made more uniform, and according to the assistant-engineer of the City Corporation the condition of the right-of-way after the regrading was much improved, and the work was carefully done.

After reviewing the evidence at some length the Magistrate said it was difficult to fix even the approximate amount which plaintiffs should be given otving to the want of evidence as to the actual condition of the premises before or after being damaged. Judgment was given for plaintiffs for £82 7s. 4d. and costs £11 Is. At the hearing Mr. G. G. G. Watson appeared for plaintiffs, and Mr. T. Young for defendant.