APPEAL COURT

Dominion, Volume 12, Issue 183, 29 April 1919, Page 2

APPEAL COURT

1 DAMAGE BY FLOOD

CLAIM AGAINST GOVERNMENT, _ The Appeal Court had before it yesterday the case- of Alexander Syine against His Majesty tlio King. On tho Bench were tho Chief Justice (Sir Robert Stout), Mr. Justice Edwards, Mr. Justice Chapman, Mr. Justice Sim, and Mr. Justice Hosking. Mr. J. MacGregor, of Duriediu, Mvitb. him Mr. E.. B. Stewart, of Balchithn, appeared for Symc, • and Sir John Saimond, K.C., with him Mr. W.'\C MacGregor, K.C., of Dunedin, for tV Crown. The case was removed to the Court Appeal for argument on a motion t' judgment bo entered on, tho cvid' for Syme. . ' According to the facts. Ale.wr:' Syme, of Otanomomo, County of CIi 1 is the owner of a leasehold farm inu said district. That in 1005, ownei ;i land in the district, in order to ' tect.' their land from 'being flooded the waters of tlio Waitepoko, Sire., caused a now channel to be construe'to convey the water from the stream a point some distance libove the Colli' Branoh of the New Zealand Governmei Railways to the Cluthh. Eiver, sue. channel being carried through the railway embankment. In September, 1917, a high flood occurred in the stream ana river, and on September 26 certain workmen employed' by the Government, under instructions from the District Engineer, made an opening in the embankment on tho 60uth side of the channel near the railway line, and thereby caused the flood water; to escape'from"the channel and to flow over the Hat lands, including the farm'of the suppliant (Synies), and caused' much damage and loss. It was claimed that the work of making the. opening was improperly and negligently carried out, so that a large breach was caused in the embankment of the channel and to a depth below, the level of tho 'surface of the ground; that the Government was guilty of negligence in that it allowed tho water to escape through the breach in the embankment for twenty days, and the'reby greatly increased tho damage and loss. Tho suppliant \ claimed' JJ32K. ( The'defence was that an opening was made in the embankment and that flood waters passed through that opening on to certain lands lying at a lower level on~ the other side of the embankment. The allegation of'negligence .Vos denied', and it was contended that tho embank[■merit where the opening was made was situated on railway land and constituted an artificial obstruction to the, natural flow of the Hood waters; that the Crown Tvaa under no obligation to maintain tho artificial obstruction for tho benefit of the suppliant; that the making;of the opening caused no more water : and no other water to flow on Syme's land than would have (lowed there if the embankment had never existed, nor did the flow of flood water through the opening cause any greater or different damage. The case was heard in the Supreme Court, Du.uedin, before Mr. Justice Sim. A contour map of the locality,' drawn to. scale and exceptionally well made, w-a* among the exhibits. Tho case had not concluded when tlio Court rose yesterday, and the hearing of argument will bo continued to-day.