CLAIM FOR COMPENSATION.

Wairarapa Age, Volume XXX, Issue 8517, 23 August 1907, Page 7

CLAIM FOR COMPENSATION.

G. iHEKON v. BSROUGH COUNCIL. At the Masterton Magistrate's Court, yesterday morning, Mr W. P. James, S.M., made some interesting remarks concerning the compensation elaiu, G. Heron, v. Masterton Borough Council, «which was beard about a fortnight>ago. Mr James .said he did not thinfc/.there was any necessity to retain the .assessors in the case any longer, as there was new only aJegal point invohwd. His Worship Kent,on to say tfcst there had been no evidence to stow that the level .of Ahe road had been .altered for a period iQf. twelve months Receding the case ,as required by the .Act. It could not that the footpath j was in a permanent state before .the proceedings were taken. The footpsth j had certainly teen tarred and sanded, but the edge ran.away to nothing .find after rain ihe sstorm water came ' half-way oyer .the footpath, so that the footpath could not by any means be said to bs psasuanent. He added that if the parties desired he would be prepared to swhisit the matter to a judge of the Supxfi&ie Court for a decision. Mr P. L. Hoi ling* said the case was reaily a test one, ;<ind his client, jMr Heron, wcnid probably like it to sgo to the Supreme Coust. He agreed -with the Magistrate tbz.t there was <ci?ly a point of law iuyi€~ved in the iC^se. James said he would like to say -fchajt the section occupied by the itjajpjjff was a very low one, and Mr JHero© «w*as unfortunate in that reHe would allow, the assessors to ix tfc® damages before he submitted ih& case to the Suptsme Court. , , , Mr Boilings suggested that tms course shouJd be followed, and the matter submitted to the Supremt Court. Mr Pownall, counsel for the Borough Council, said that, of course, the assessors would only fix the com- j pensation to be paid, if they were of opinion that the Council had been 1 responsible for damage to the pro-, ptrty. Counsel would be glad if His Worship would place the matter before the assessors in that light. Mr James said he would do hat. , Mr Pownall said the Borough Council had succeeded on a bona fide claim, and he would ask the MagisJjjgie to fix the costs. ' Magistrate said the colls would be £3 3s eaclv for the assess,ors, and the ordinary Court costs.