A DRAINAGE CLAIM.

Stratford Evening Post, Volume XXXVII, Issue 63, 14 November 1913, Page 6

A DRAINAGE CLAIM.

SILT OBJECTED TO. Wakelin and Cotterill proceeded at the Court this morning against ,1. A. Stanford to recover the cost of certain draining at Toko. Mr Spence appealed for plaintiffs and Mr Spratt for defendant.

Frank Wakelin, one of the plaintiffs, a laborer living at Toko, said he and Cotterill did a drain for Mr Goldup, the County Council and Mr Stanford. The price agreed on was; 3ft. drain 18s, 2ft. 10s. A certain portion of the’ drain was through rough land and was paid for at the rate of 20s. The work was commenced on July 12th and finished on August 21st. On the latter date witness rang up defendant and told him the work was finished. Defendant promised to inspect the work, but did not come. A fortnight later witness wrote to defendant, but still he did not inspect the work. Finally the work was inspected two months after completion, when defendant complained of silting at a certain point. This silting would always occur and could not he prevented, Witness was quite certain that the diain was to he 3ft. deep and not 3ft. Gin. By Mr Spratt: Work was started at the lower level and work was continued upward. John Cotterill, the other plaintiff, said the other pieces of drain had been paid for. R. G. Christophers, civil engineer, gave it as his opinion that the amount of silt in the drain would form in eight weeks if there was much rain. Ho would pass' the drain as being well made.

James Goldup and J: P. Cassidy also

gave evidence. For the defence; defendant gave evidence that the drain contracted for was 3tft; deep, 3ft wide at the top and ISin wide at the bottom. He made the suggestion that the whole of the work be done. On the drain being inspected, it was found that about 21 chains were of no use, being only three fee.t deep,. Op .This '-portion there was silt from -tin to 20in deep. He did not- think- this silt would accumulate in two months. It would cost 30s to clear the silt from the drain. To tile Bench : The silt was the result of the work in making the drain.

In the ordinary there was nothing in the water to cause silting. Summing up, the S.M. said lie did not regard t-he matter of, silting as material. The plaintiffs’ contention that the contract was made for a 3ft drain was supported by the fact that the rest of the drain was 3ft deep. Judgment would be for plaintiffs for the amount claimed, £4 13s Id, with costs £7 0s 6d.