APPEAL BY CROWN.

Auckland Star, Volume LXVIII, Issue 269, 12 November 1937, Page 3

APPEAL BY CROWN.

MINE UNDER RAILWAY LINE.

SPECIAL SITTING OF COURT. (By Telegraph.—Own Correspondent.) WHANGAREI. this day. The Crown lias appealed against a judgment given by Mr. Justice Callan in the Supreme Court in Auckland recently stating that the Railways Department was not entitled to an injunction ] restraining the Kamo Collieries from rmmping water out of the old mine workings beneath the railway property. In his judgment Mr. Justice Callan held that if the defendants resumed pumping and the Department continued running its trains it would be the Department and not the company whose acts would be the immediate cause of danger to railway passengers. Immeditely word of the favourable decision was conveyed to the mine management,' the unwatering of the workings commenced. This work has now been completed and the output is greater now than before the stoppage caused bv the serving of the injunction. It is thought that an endeavour will be made by the Crown to secure a special sitting of the Appeal Court on the grounds of urgency. The lodging of the appeal wjll not affect the continuation of work at the I mine.