CROWN LOSES.

Auckland Star, Volume LXIII, Issue 224, 21 September 1932, Page 3

CROWN LOSES.

COSTS AGAINST THE KING. ptTKEKOHE COUNCIL CASE. f "NOT A MERITORIOUS CLAIM." . The .suit taken by the Crown against the: ■ Pukekohe Borough Council for £8 .damages ended in the Supreme yesterday afternoon. Counsel for the Crown said he was prepared to accept a nonsuit. This was accordingly entered if and costs were .given. 011 the lower scale against the King, the nominal plaintiff in the action. The eiaim was for the cost of removing' an' electric cable which, it was alleged by the Post and Telegraph Department, had been exposed owing to tlie action of the Pukekolie Council when widening a road. Counsel for the Crown submitted that tb .e local authority had 110 right to interfere with essential public services, and that the council was responsible for the cost of repairing aaid replacing the' section of cable. The contention for the-'defence was that there had toe-en no interference with the cable as lewd, and also that the damage complained .of had been caused by the elements. ■The question of the prerogatives of the Crown was raised during the early ctaires of the action, as reported yesterilav - During the later stages counsel fw the defence submitted that there was* no evidence given to show that support had been taken away from the cable. • Sidney John Clews, works foreman of the Pukekohe Borough Council, said all precautions had been taken to avoid interfering with the cable. Witness said fJie olan supplied to 'him and to which he worked showed the cable going in a-straight linetj He found it at Bft Gin from the fence and did not see any indication that it deviated towards the centre of the road. He thought quite 3ft of side covering was left over the cable, but it proved that where it ultimately became exposed it -was 12ft from the fence. It could have been put back in a safe position at a cost of about 30/. Counsel for the Crown said he was prepared to accept a nonsuit. It was not a' meritorious claim if that was the position.