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Mr Justice Williams gave his deri, si.on in Dunedin yesterday in a case of importance to local bodies, beW an appeal from a Magistrate's dcci.' sion. Smith, a butcher, in the lower Court, sued the St. Kilda 80r0,.}. Council for having wrongfully. a^ negligently constructed-a ditch and allowed it to remain unprotected and uncleansed, and the bank tore. main in an insecure and faulty coa. dition, whereby his horse Va«, «i. jured. He claimed damages, an( j judgment was given for £,15 an( j costs. The borough appealed qp tW ground that the drain was construct, ed without negligence, and acting under statutory powers for tbVeffi. cient drainage of the borough, j£ r y Justice Williajns gave judgment that there was evidence which would justify the Magistrate in finding for the plaintiff. He had found facts which' constituted the necessary ingredients of negligence on the part of defen« dants. The judgment would there, fore be affirmed, and the appeal dis« allowed. Leave to appeal was asked as a great deal more than the £lj in the case was involved. Objection was taken that, after twice winning Smith would he\ out of pocket, even if he won in the ' Appeal Court, and the Judge took time to consider.

A conference of representatives of local bodies in the North Canterbury hospital district, held yesterday, passed motions expressing- the opinion that an infectious diseases __os« pital be erected, and that the chief health officer be requested to select a site. The City Council, at a special meeting-, endorsed these resolutions. The people of Bromley object strongly to the smallpox reserve, where the suspected patient has beetaken, and which is in their area, being selected as the place fo. a per* manent infectious diseases hospital*

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AS19020510.2.73

Bibliographic details

Auckland Star, Volume XXXIII, Issue 110, 10 May 1902, Page 6

Word Count
291

Untitled Auckland Star, Volume XXXIII, Issue 110, 10 May 1902, Page 6

Untitled Auckland Star, Volume XXXIII, Issue 110, 10 May 1902, Page 6