SUPREME COURT.

Evening Star, Issue 3959, 2 November 1875, Page 2

SUPREME COURT.

Monday, November 1. (Before Mr Justice Williams.) David Proudfoot v. The TTon. I'.dward Richardson, .minister of Kaii.way.s, and Thomas Gai.lcut. Government Agent.--Claim L 33,250, eomp-uisat mi I'ur a quir l ". rendered unworkable by a railway line being taken through it. Me-si-s James Gore and K. A. i awson were summoned as assessors. M. Stoat, with him M- Kenlo. appeared t\-r plaintiff ; Mr c-mith, with him Mi Haggitt, for defendants. ihe following additional evidence was given at the afternoon sitting : David Proudfoot said he considcu-d the value of the land to he from P350 to P-100 an acre, as adjoining land had sold at that pi ice. The Government desin (I to take one acre ami two poles of'be quarry. He had made calculations on the figures ahvadv given by Me-sr-Bair and Coyle. He t.-ck the lowest quauti ties—i nose given by Mr Harr. Ib- di'- me, say th t all the stone in the quauy w-ni!d be fit l< r cut stone, so he allowed two-thirds for cm. stone and one-third for rubble and ballast In these calculations lie had assumed that tin whole of the stone was lost to Mm—that none of it could be worked at a profit'. In Ms op nion as a practical man, the stone ' etweon the Port Chalmers bailway and tin Moeraki Railway could not be worked at all. The quality of this ston- was very good, and it could he u-ed for almost any purpose. It would do very well fm- flagging, and would he much cheaper in the end than asphalte. The total of the items hj had given would amount to 1j98,13i 18s 61. Ho obtained a ease of the quarry for L 75 a year. The lease comprised •fight acres, and the quarry ex-hi led nvoi rhrec-quarteiß of an note. Wmess actually ha-t tho qm rry for about five years, ai he ha bought out Mr Wale-, the fir.-fle-see, who bin' 1 opened out the qu.-rry, but bad n .q work.' i v>-ry much. It was not opened proper.y nnt>, the Port • habuers >.ailwa - was completed • Witness took the lease off Wa es’s hands, and gave him a bonus of 1150; but Wales wm sorry that be had made the bargain, becnis*two or three months af erwards he wanted to repurchase the lease. IE he (witness) had not been disturbed by tho Moeraki Kailway he believed ho would have made a profit out of the quarry of from L 1.500 to 12,000 a verm. W. T, Winchester, architect, gave corrobru-a-live evidence of the last witness as to Unqualify an i value of the stone obtained at Pioudfsot’s quarrj. "Walter Pell considered the sfone from this quauy was the best and easiest obtained building stone in the neighborhood of Dunedin. It made the best ki rbing lie /.ad ever seen, and would be very valuable for street llag-.ing. It would be infinitely better than the'miserable ivdiiy thing known in Dunedin ns aspbalte. The stone might be used for nnny of her j.uivposcs than building houses and flag-big. It might be used with advantage for b idgos, and it was a disgrace to the Government that they should be constructing wharves at Port Chalmers with wretc-iod wooden piles wlncli would rot in a few years, while they had splendid stone close at hand which, if used for the jetties, would last for ever.