ACTION FOR DAMAGES
RIGHT-OF-WAY AND STORM WATER. Alary Ann 'Traynor proceeded- against Thomas Kelly for A'3oo damages in the Supreme Court yesterday, before Air. Justice AlacGregor. Mr. S. A. Wiren appeared for plaintiff, and Air. C. W. iNeilsen for defendant. Plaintiff was the owner and occupier of a house, No. 83 Holloway Road. Mitchelltown, said Air. Wiren. 'The house was on the eastern side of the road, about three or four feet above it, and past it ran a roadway which was used for vehicular traffic, but which had never been taken over by the City Corporation. This right-of-way was the properly of defendant, and collected water from his land and from the hill above, tho water not being able to run off' the right-of-way until it reached plaintiff’s property. At various times, it was alleged, earth had been deposited upon her land by the action of the water, amt her house was now unhealthy and unfit for habitation. After some evidence was hoard the case vas adjourned until to-day.
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Dominion, Volume 21, Issue 128, 28 February 1928, Page 13
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170ACTION FOR DAMAGES Dominion, Volume 21, Issue 128, 28 February 1928, Page 13
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