FULL COURT

Dominion, Volume 12, Issue 8, 4 October 1918, Page 7

FULL COURT

CONSTRUCTION OF A ROAD

CASE STATED

•Yesterday tho Full Court hoard a case in which the construction of a- road was involved On the Hench were II is Honour the Chief Justice Sir llooert Stout), Mr. Justice Cooper, Jlr. Justice Chapman, and Mr. Justice Sim. Tho ease was that of Harry Morton v. tho liaotihi Town Board. Mr. C. .!'• Skcrreit, K.C., with him Jlr. M. J. Crombie, appeared for Merton and Mr. T. I' 1 . Martin for tho Town Board. a

Tho ease was slated for tho opinion of the Full Court, and arose through a claim for injuries sustained in land through tho lowering of the- levels of a road, The road had been in use for a- great number of vrars. On the original plan of the liaetihi Township, dated May, 1805, there was marked on the plan "Makotuku Valley Road, formed for dray traffic." Tho levels of tho road which existed at tho timo tho town sections were sold wero continued down to the years ]5)17, wlien tho levels wero lowered, which made _ access to Morton's land difficult and injured l'-is land. Tho Assessment Court came to tho conclusion that the laud was injured to tho extent of £153, and the question was, seeing tliafc this road vas made before the sale of the land by tho Crown, and was formed for dray traffic, whether that meant that the street was constructed in some permanent manner within tho meaning of Section 183 of the Municipal Corporations Act, 190S - i r> L After hearing argument the Court reserved decision.