RIPARIAN RIGHTS.
TliE ELTIIAM CASE. By Telegraph.—i rcßs AssociationWellington, Wednesday. In the Supreme Court Mr. Skerrett, K. 0., resuming his argument in the ease Hawera County Electric Company v. Eltham Borough Council, contended that the company was authorised by its private Act to construct the tunnel, and, that being so, it had a tv.ii> simple in the tunnel itself, or at any rate it was interest in land. That being so, the company was in the position of riparian owner as to all its undertaking, and could claim compensation for loss to the. undertaking. Mr. Skerrctt further contended that at any rate the Council had power to grant to the company the right to make a tunnel, and that included control of the subsoil. Even if the tunnel had been constructed without lawful authority, the borough could not set up its illegality in diminution of damages.
llr Ostler also addressed the Court, Mr. Martin replied. Judgment was reserved.
Permanent link to this item
Hononga pūmau ki tēnei tūemi
https://paperspast.natlib.govt.nz/newspapers/TDN19080723.2.16
Bibliographic details
Ngā taipitopito pukapuka
Taranaki Daily News, Volume LI, Issue 182, 23 July 1908, Page 2
Word count
Tapeke kupu
158RIPARIAN RIGHTS. Taranaki Daily News, Volume LI, Issue 182, 23 July 1908, Page 2
Using this item
Te whakamahi i tēnei tūemi
Stuff Ltd is the copyright owner for the Taranaki Daily News. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence (CC BY-NC-SA 4.0). This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Log in