FLOODED LAND.

Press, Volume LXIII, Issue 18970, 7 April 1927, Page 13

FLOODED LAND.

FARMER'S CLAIM FAILS. COMPENSATION COURT DECISION The Compensation Court gave its decision yesterday in the claim of George Herbert Barnett, farmer, against Ellesmere County. The claim was for £7OO as compensation for loss arising out of the construction of a drain by the County Council on the north side of Tramway road, or reserve, running adjacent to the claimant's land. The hearing was before his Honour Mr Justice Alpers, with nun Mr Boag, assessor for the Council, and Mr A. J. Inwood, assessor for tne claimant. _ TO Mr W. J. Sim, with him Mr h. W. White, appeared for Barnett, and Mr J. H. Upham represented the Ellesmere County Council. Yesterday, which was the fifth clay of hearing of the case, counsel addressed the Court, and the decision was given in the afternoon. After his Honour had expressed appreciation of the assistance of the assessors, he stated that the claim had failed, and that the decision had been unanimously arrived at. It was unfortunate, said his Honour, that Barnett, who had already suffered much expense; should suffer additional expenses incurred by the costs which would be heavy. The Court regretted' it very much, and they were sure that the members of the County Council, who knew Barnett well, would also feel sorry for him. The case had been brought about by a series of misunderstandings between Barnett and the Council, and by the piecemeal policy adopted by the Council in the -work which had resulted in litigation that was unduly protracted and expensive. The Court did not attach any blame to counsel, but both parties had scoured the counties for witnesses, which resulted in added expense. His Honour did not attach any blame on the Council for the removal of the dam, as it was not a public work. Claimant was himself responsible to a definite degree for a certain amount of the damage done to the farm, as ho had failed to clean the two drains on his property.

The Court strongly urged the County Council to adopt a more drastic policy in regard to the cleaning of drains." This would result in little expense and would reduce any likelihood of damage. If not properly maintained the drains would become dangerouß. Claimant was ordered to pay £IOO towards the costs. The assessors' fees were fixed at 20 guineas each. This fee was below that suggested by his Honour, and the assessors had taken a practical way of showing their sympathy with Barnett.