DAMAGE FROM STORMWATER
IMPORTANT POINT INVOLVED. By Tclegraph.-PrcßS. Association. Hamilton, September 14. In the Supromo Court to-day judgment was given in the casc-Fortoscuo v. tho To "Awamutu Borough Council, a claim for £75 for,alleged damages caused by the dischargo of storm-water on plaintiff's property in To Awamutu from a pipe drain along a public- road. The drain was not constructed by tho council, but, existed when tho borough was constituted. His Honn.-.r said that tho plaintiff had failed to establish a cause of action, as the council had in no way interfered with the road nor done anything to.increase the flow of water through the pipes, and was under no legal duty to alter the road. It was, therefore, not guilty of negligence or misfeasance. Plaintiff was nonsuited. Costs on the lower scalo were allowed, His Honour, remarking that, seeing that plaintiff undoubtedly hnd suffered damage, the local body probably would not enforce them. His Honour added that tho main question in tho case was very important, particularly to landowners and local bodies. Tho law was extremely uncertain, and ho would be pleased if the case wero taken to the Court of Appeal and tho matter settled once (for all.
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https://paperspast.natlib.govt.nz/newspapers/DOM19180916.2.22
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Dominion, Volume 11, Issue 307, 16 September 1918, Page 4
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200DAMAGE FROM STORMWATER Dominion, Volume 11, Issue 307, 16 September 1918, Page 4
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