UNUSUAL CLAIM

Evening Post, Volume CXV, Issue 72, 27 March 1933, Page 9

UNUSUAL CLAIM

A BROKEN SHOP WINDOW

CASE AGAINST COR-

PORATION

The liability of the' City Corporation for damage to a plate glass window, alleged to have,been caused by a loose stone, being Hung up from a hard-surfaced road by the tire of a passing motorcar, was argued before Mr. T. B. ileJSTci!, K.H., at the Magistrate's

Court today, when Charles Edward Bell elaimod £-1 17s 5d from the Corporation in respect of a broken window.

I Outlining the case for the plaintiff, Mr. C. A. L. Treadwell said that Bell -was a baker, and had a shop with large j windows facing both Mcm Street and Riddiford Street. Moiii Street was tarsealed and Riddiford Street was woodblocked. The City Corporation ' had made a drain in'Mein Street', and when the pipe work was finished the excava 1 tion was filled with clay and soil. On top of this was placed a.covering of stones, which, counsel alleged, had not been properly tamped down. Motorcars consequently nipped up tho stones and hurled them on to tho side of the road and on to the Jlard surface of the road in Biddiford Street. . Counsel alleged that the tire of a motor-car [in Riddiford Street nipped one of these stones, which flew through the window of the plaintiff's shop. On two other j occasions stones were hurled against the shop windows, but no damage was done. One stone was hurled through tho door iof the shop and narrowly. missed a showcase. Mr. Treadwcll contended that the. damage had been caused by the City Corporation allowing a nuisance to be created in not taking proper precautions in refilling the drain. An engineer called by the plaintiff said that the trench should have been covered with some binding material to keep it safe.

The plaintiff, in evidence, said that he did not sco what sent the stone through the window, but when ho rushed outside- after the crash he saw a motor-car disappearing in the distance. He assumed that the stone had been flung up by, the tiro of the ear.

Mr. .T. R. Lockie, who appeared for the City Corporation, submitted that there was no evidence that the damage had actually been caused by a. stone thrown up by the tire of a motor-car, or that the stone had come from the trench. Mr. Lockie said that the trench had: been filled in in accordance with the usual practice of the Corporation. This was the first claim that had ever been made against, the Corporation for damage caused by loose stones.

After hearing evidence the Magistrate reserved his decision.