APPEAL COURT.

Ohinemuri Gazette, Volume XXII, Issue 2785, 3 May 1911, Page 2

APPEAL COURT.

A PAEROA CASE

DAMAGE BY FLOODING.

[By Electric Telegraph.]

Wellington, May 1

Judgment was reserved by the Court of Appeal in the case of Cooper v. Bertelsen and Rasmussen, an appeal against judgment for respondents ior ss,

being the damages awarded ior damage to a farm leased by respondents from the appellant, caused by a defective sluice gate on a drain leading into the Ohinemuri River. The argument turned on the question whether the nuisance was created, and other technical legal questions, such as whether there was an express or implied covenant in the clause to keep the drain

and culvert in order.