A NEW ZEALAND APPEAL

Dominion, Volume 14, Issue 25, 25 October 1920, Page 5

A NEW ZEALAND APPEAL

London, October 21. Tn the case Alexander Gerrard v. Martin Crowe, a New Zealand appeal, judgment was' reserved.—Aus.-N.Z. Cable Assn. fGerrard was the owner of -a property on the left bank of the Oreh Biver, Southland, and Martin. L. Crowe and Michael Crowe wero owners of land on the opposite side of the river. Tho lands were liable to be and about September, 1913, aMrtin and Michael Crowe, for the purpose of preventing their lands being flooded, constructed an embankment 3ft. high and ninety-four chains in length. It was alleged that about August, 1916, flood-waters were diverted from their accustomed course, and- thrown back on to Gerard's land. Gerrard claimed .£SO damages, , and a mandatory injunction. The defendants admitted constructing tho embankment, but denied all the other allegations. The case was heard at Invercargill by Mr. Justice Sim in June. and Hia Honour gave judgment for plaintiff, and granted tho injunction and awarded £10 damages and costs. The case was taken to the Appeal Court, which held that tho appeal should be allowed, and judgment entered in the Supreme Court for defendants with tho sanio costs as were allowed to the plaintiff in. tho Supremo Court. Against this judgment Gterrarjl appealed to the Privy Counotl.]