SUPREME COURT.

Evening Star, Issue 3958, 1 November 1875, Page 2

SUPREME COURT.

Monday, November 1. (Before Mr Justice Williams.) David Proudfoot v. The Hon. Edward llichardson, .Minister of Railways, and Thomas Callout, Government Agent.— Claim L 33.250, compensat on for a quarry rendered unworkable by a railway Jine being taken through it. Messrs James Gore and R. A. Lawson wore summoned as assessors. Mr Stout, with him Mr Kettle, appeared for plaintiff ; Mr Smith, with him Mr Haggitt, for defendants. Mr Stout said the case was brought under the Immigration and Public Works Act of 1874, by which it was laid down that when laud was required to be taken compulsorily by Government for railway purposes, if the occupier of the laud claimed compensation to an amount above LSOO, the action must come before a Judge of the Supreme Court, and ass-s-ws must be summoned. The action was brought by plaintiff co recover compensation for the lo's of fee simple of sections C 5 and L 6, Sawyer’s B*y, his leasehold property, containing a valuable stone quarry ; ft id compensation for the stone that will be required for the passage through it of the Dunedin and Moeiaki line or rendiml unworkable from the same cause. It would bo for the Court to decide on the amount of compensation plaintiff was entitled to. The claim might appear large, but the estimates were made up from actual measurements taken oil the ground. Plaintiff asked Ll9 000 for the stone and L3OO per acre for the fee simple of the land; while ut Callcott, the Government agent, offered only 1.1,350 for the stone and L 75 per acre for the fee simple. Kvidence would bo given ns to the quarry being rendered utterly unworkable, and it would be proved that land in the neighborhood had been Belling at L3OO per acre, the learned counsel called George Barr, 0.E., who sard be knew plaintiff’s quarry near Port Chalmers, and had made a plan (produced) of it from actual measurements on the ground. He knew the line of the Dunedin and Moeraki railway, and this would go through part of plaintiffs ground. The quantity of stone taken away by the railway will be 185,205 cubic feet.

Mr °mith said be thought this a fitting time to ask if plaintiff could claim compensation for stone under giound. Mr Calicut, the Government agent, had given him the proper notice that his land was required tor the line, but only the surface was required. It had been laid down that when land was so taken the purchasers received no title to any mineral or stone contained beneath the surface, and the Government, in this case, did not claim the stone or wish to interfere with it in any way. They merely required the use of the surface of the ground, and counsel therefore objected to any evidence as to the stone beneath the ground as inadmissible, Mr Stout explained that plaintiff claimed compensation in three ways : first for stone defendants would take away in making the Hue; second for that required to leave a vertical or lateral support to the line ; and third for that rendered unworkable at all. Witness continued: There is a portion of rock between the two lines of railway, but that could be worked only to great disadvantage and dang uto the lines. This amounts to 315,791 cubic feet. There is also between the formation level of the Port Chalmers railway and the Moeraki line 274,328 ft. of stone that could noc be worked, as it would be required for the vertical support of the line; and between the two lines and the lower water level 27.035 and 184,620 ft. To the north ,of _ the Moeraki line is 266,634 ft. which would be unworkable profitably, as’blasts woul dJprobably'injure the formation of the line. On the north-east there would be left 1,838,252 ft also unworkable profitably, and taking it down to low water level 633,880 ft. No estimates of stone below water had bem taken. To the south-west 633,600 ft would be sacrificed, and down to low water level 425.000 ft. If worked from the Moeraki line all the stone mentioned would lie unworkable at a profit, but if worked from the Port Chalmers line it could be done by forming a siding to the junction of the two lines, at a cost of LI, 250. Tli ere would also be an additional expense of L7OO. The total loss under any circumstances of working tvould be 987,879 ft; if worked from the Moeraki line 3,530,732 ft would be sacrificed; if from the Port Chalmers lim there would be 1m outlay required of LI, 950. The stone in the quarry was of good quality, and such as would be suitable for large works. Cross-examined : Witness said he had not had very much experience in actual quarry work. The estimates he had made in feet, because such was the custom in taking out stone, excepting when for rough work ; these estimates were made in cubic yards. When he said some of this stone could not be worked at a profit, he was certain that at the very best ir. could be worked at only a diminished profit, it at any at all. Witness was cross-examined at considerable length as to tin manner in which he had made his calculations and arrived at the figures he adduced. Messrs J. E. F. Coyle, C.8., andD. Proudfoot also gave evidence. The examination of the latter had not been concluded when we went to press. [Left sitting.]