EDDIE v. MASTERTON BOROUGH COUNCIL.
JUDGMENT FOR DEFENDANT
COUNCIL,
The case of Eddie v. the Masterton Borough Council was concluded before Mr W; P. James, S.M., at the Masterton Magistrate's Court, yesterday moruiug. After hearing legal argument, His Worship summed up. He thought the case was one in which the onus was on the plaintiff toprore that there was negligence on the part of the' defendant Council. When the culverts in the locality in question were put in, about twentytwo years ago, they were apparently in gond order and there was no evidence to show that the Council had since been guilty of negligence regarding the culverts. .He must hold it a question of nonfeasance not misfeasance, and it was impossible for a local body to provide for such an extraordinary downfall of rain as occurred on October 25th. Taking all the circumstances of the case into consideration, he must come to no other decision than to give judgment for the defendants with costs.
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https://paperspast.natlib.govt.nz/newspapers/WAG19060201.2.23
Bibliographic details
Wairarapa Age, Volume XXVIII, Issue 7954, 1 February 1906, Page 6
Word Count
164EDDIE v. MASTERTON BOROUGH COUNCIL. Wairarapa Age, Volume XXVIII, Issue 7954, 1 February 1906, Page 6
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