Council Found At Fault

Press, Volume CIV, Issue 30823, 7 August 1965, Page 3

Council Found At Fault

(N.Z. Press Association) AUCKLAND, Aug. 6. Damages of £514 10s were awarded to Islay MacEachem against the Pukekohe Borough Council in a reserved decision given today by Mr Justice Hardie Boys. MacEachern sued the council for £2254 after a fire destroyed his home. He claimed that, due to the default of the council in main-

taining the water hydrants near the building in effective working order, the volunteer fire brigade was delayed in applying water to the house which otherwise would have escaped unscathed. His Honour assessed the damages as £B5 for the loss of a refrigerator. £79 10s for loss of rent, and £350 as damage to the house. The claim was for £B5 for the refrigerator, £169 10s for loss of rent and £2OOO for the loss of the house. His Honour held that the council was negligent in the discharge of its duty to keep

hydrants in effective working order, and had not acted reasonably, in the light of its own knowledge, to take appropriate steps to clear them of silt. He said it was this fact, and not any shortcomings on the part of the borough’s volunteer fire brigade, which caused, through delay, the spread of the fire and the consequent damage. It was clear three-quarters of the damage to the house would have been averted had the water been available to play on the walls.