RIPARIAN RIGHTS.

Taranaki Daily News, Volume LI, Issue 189, 31 July 1908, Page 2

RIPARIAN RIGHTS.

COUPOEATION AND COMPANY. •JUIHIML'XT Kill THE COMPANY. By Telegraph.—-Tress Association. Wellington, Thursday. In the case, llawera Electric Company v. the -Mayor of Eltham, the Appeal" Court gave" judgment for the company. His Honor ilie Chief Justice, in iriv-. ing judgment, staled that in his opinion only two of the four cases stated in the special case weiv of importance. The first question was whether, assuming the plaintilV company's works had been injuriously all'eclod by the construction of borough water-works, the company was precluded from obtaining compensation by reason of the provision of section 2 of their private Act, which made their power subject to the Municipal Corporations Act, 'l!H)l). His Honor answered that question, "No." The second question was whether the company had a legal right to construct a tunnel under the Nonnanby road. His Honor was of opinion thai, (,hev had a legal right. The judgment of .Judges Williams, Cooper, and Chapman was delivered by

Judge Cooper. Their Honors agreed with the result of the Chief Justice's judgment, but staled that the right to compensation should be limited to the loss the company sustained from tire present and future loss of water at the dam and intake. Costa were left to be decided by the Compensation Court.