DECISION RESERVED IN APPEAL COURT

Press, Volume LXXXIV, Issue 25444, 16 March 1948, Page 3

DECISION RESERVED IN APPEAL COURT

An appeal against a decision of Mr Raymond Ferner, S.M., in which he found for the defendant in a claim by Leslie G. Amos, Ltd., against Arthur Campbell for £43 16s, as damages, was heard by Mr Justice Fleming in the Supreme Court yesterday. Mr J. A. Johnson appeared for the appellant company, and Mt R. J. Loughnan for the respondent. Mr Johnson said the appeal was on a point of law and fact. The appellant company occupied shop premises in High street and the respondent occupied a billiards room immediately above the shop. About 6.30 p.m. on April 14, water came through the ceiling into appellant’s shop and damaged goods there. Counsel submitted that the escape of water was due to negligence by the respondent, and cited legal authorities in support of his submissions Mr Loughnan said the defendant .was not in sole occupation or control of the lavatory from which the water escaped. Otter-tenants had the use of the lavatory, when it was out of action a notice was put up. to that effect. It was also possible that the water came from the roof or from the cistern in the roof. There was no negligence on the part of respondent, and the judgment of the Magistrate should be upheld. His Honour reserved his decision.