DAMAGE BY FLOOD WATERS
— CLAIM AGAINST THE GOVERNMENT The hearing of argument on a motion that judgment be entered .on the evidence tendered in the Supreme Court, Dunedin, for the suppliant in the case of AJexandet Symo against His Majesty the King was concluded in the Appeal Court yesterday. On the Bench were, the Chief Justice (Sir Robert Stout), Mr. Justice Inwards, Mr. Justice Chapman, Mr. Justice Sun. and Mr. Justice Hosting. Mr. J. MacGregor, of Dunedin, vita him Mr. It. I'. Stewart, of Balclutha, appeared I'or Syme, and Sir John Snliuond, K.C., with him Mr. W. C. MacGregor, K.C.,. of Dunedin, for the Crown. ' Symo is the owner of a leasehold farm at Otanomomo, County of Clutlia, near tlia Catlins branch of the Govoriiment railways. In September, 1917, a high flood occurred-'in tlie river, and certain workmen under instructions from the district engineer made an opening in the '-inbankment, thereby causing the flood waters to escape from the channel nnd to How over the flat land, including the property owned bv Syme, who claimed Xl2O damages. The defence denied the allega. tion of negligence, and contended that the embankment where the opening was maue was situated on railway land and constituted an artificial obstruction to llk> natural flow of the flood waters, and Hint tlu; Crown was under no obligation to maintain this artificial obstruction for the benefit of the landowners. The Court reserved its decision.
Permanent link to this item
Hononga pūmau ki tēnei tūemi
https://paperspast.natlib.govt.nz/newspapers/DOM19190430.2.86
Bibliographic details
Ngā taipitopito pukapuka
Dominion, Volume 12, Issue 184, 30 April 1919, Page 9
Word count
Tapeke kupu
237DAMAGE BY FLOOD WATERS Dominion, Volume 12, Issue 184, 30 April 1919, Page 9
Using this item
Te whakamahi i tēnei tūemi
Stuff Ltd is the copyright owner for the Dominion. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence (CC BY-NC-SA 4.0). This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.