BUILDING A WALL.

Pukekohe & Waiuku Times, Volume 5, Issue 184, 20 June 1916, Page 1

BUILDING A WALL.

A Neighbour's Grievance.

Hie roccut erection of a brick wall by Messrs Cooper and Curd, toachbuilders, ou their property iu King street, Pukekohe, adjoining the residence and plumbing works of Mr W. S. Kussell, was responsible at the i'ukekohe Magistrate's Court last Friday for a claim by Mr Ivussell for IJU damages in respect of rainwater said to have liowed oil Messrs Cooper and Curd's roof during building operations—thereby rendering Mr Russell's house temporarily untit for habitation—aud for mortar or building materials having fallen on to and having been left on Mr Kussell's premises. Mr H. G. lv. Masou appeared for tho plaintiff and Mr J. G. Haddow represented the defendants.

At the outset of the case tho Court was adjourned to enable the Magistrate to view tho property.

Before evidence was called Mr HadJovv raised the technical objection tliat tlie case should have been brought nut against liis clients but against the contractor as the latter alone was responsible for any negligence and by the terms of contracts in New Zealand a contractor was for the time of bis contract in possession of premises on which lie was working. Mr Haddow suggested that probably the reason why the contractor (Mr Massey) was not sued was because he had become bankrupt. Mr Mason argued that the tlowing of rain-water from the roof ranked as a nuisance, for which the owner was responsible. The Magistrate intimated that he would reserve judgment on the point raised so that he could look up authorities. He added that the claim for damage by water was the main item of dispute as by what he had seen on viewing the premises there was only about a barrow-load of mortar, he., left about, for which in any case lie Mas not likely to award rnoro tnan half-a-crown damages.

The plaintiff then gave evidence and stated that work on the wall started last September. A piece of spouting was placed 011 the wall and when it rained water ran down it under his house as well as striking the wall of his sitting-room, the wall-paper of which got mildewed and had to bo renewed. The nuisance was such that he wa3 compelled to send his wile and children away for the time beiug.—By Sir Haddow : lie denied that he ever asked for a hammer to ''lay out" the builder. He did not refuso Mr Cooper permission to come on to his premises to clear up. On one occasion apiece of brick fell oil the building and hit his little boy; he thought the brick meant lor himself (plaintiff). In view of time not allowing of the case being concluded before the Magistrate returned ito Auckland it was arranged between Counsel that the evidence ol one ol defendant's witnesses .should be a matter of convenience to the witness concerned be taken before the Court adjourned.

Lawrence John Mooro was accordingly called on behalf of the defendants. He deposed that he was a bricklayer and built the wall in question. At no time did he throw a brick at the plaintiff. He remembered water going down tho spout at the end of the wall and Massey put up some boards to prevent the water running on to. plamtill's property, which it only) did for about ten minutes. In tho four months on which he was engaged 011 the work rain only caused him to stop for one hour.—by Mr Mason: A certain amount ot water escaped oil the wall and some splashes always reached plaintiff's house but it did not rain much throughout the contract. Tho case was then adjourned for tuither hearing on Friday, the oUth inst.