FIRM’S CLAIM SUCCEEDS

Gisborne Herald, Volume LXVI, Issue 19990, 15 July 1939, Page 7

FIRM’S CLAIM SUCCEEDS

DUNEDIN CITY COUNCIL WATER IN BASEMENT (Pur Press Association.) WELLINGTON, this day. Judgment in accordance with the views of the majority, was enleied to-day by the Court of Appeal in a reserved decision in the action of Irvine and Company, Limited, against Dunedin City Corporation, arising out of the escape of water from the city pipes into the firms basement, damaging goods, heard on April 15 and 1(5 last. The majority consisting- of the Chief Justice, Sir Michael Myers and, Mr. Justice Smith, Mr. .Justice Johnston and Mr. Justice Fair, held that judgment should be entered for the plaintiff against the corporation ior £094 2s 4d and costs.

Sir Michael Myers said the precise point in issue had never been considered in New Zealand so that the court was thrown back upon the meaning of .section 173 of the Municipal Corporations Act, 1933. In” his opinion, that section was not limited Jo public nuisances and, consequently, an action lay against the corporation for a nuisance that had occurred.

Mr. Justice Ostler, in a dissenting judgment, took the view that there had been legislative recognition of a judicial connotation of the meaning of section 173 limiting it to public nuisances and, therefore, the plaintiff should not succeed.