AN INTERESTING DAMAGES CLAIM.

Taranaki Daily News, Volume L, Issue 60, 23 August 1907, Page 2

AN INTERESTING DAMAGES CLAIM.

Per Press Association. Auckland, August 22. I In the Sup: renic Court to-day, Sarah ! Molina Wcstney, of Opotlki, sued Franicis J. Halm, of Auckland, for an lnjunc'tion or JMUO damages. The case was a ioniewliat unusual one. _ PlainUll w the , wner of an allotment in Auckland o)i . hicli is erected a dwelling with winaws 011 the southern side. Defendant,, . ho owns the adjoining allotment, erect- : ■d a wall, and it is claimed that this vail has obstructed or diminished the . Wit entering the dwelling (which light , lad been enjoyed by plaiutifl for the uist 40 years), thus rendering, it dark tud less lit for habitation. Plaintiff ilaims that the value of the property ms accordingly been diminished, and ,eeks an injunction to restrain oefenlant from continuance of the obstrue;ion, or an. inunction compelling defenlant to have the wall pulled down or so iltered in construction as not to inter'ere with the free access of light, or in ilternative £2OO damages. Defendant Ifinies that the wall obstructs or diminishes the light. After considerable svidenee'i Dr. Bamford applied for a ion-suit upon Che ground that plaintiff wvd failed to prove her right to access ,nd use of the light, and the case was idjounied for argument on the points •ftiaed.