COMPENSATION COURT.

Dominion, Volume 2, Issue 424, 5 February 1909, Page 7

COMPENSATION COURT.

ISLAND I BAY RECREATION ■ GROUND,

EVIDENCE FOR THE RESPONDENTS. • Further 1 evidence relating to- tho olaims ■ brought : by. Goorge Henry Baylis, Michael :,,, Goorgo Phelan, George Willis Harvey, and Walter : Whitobouse: against' the. City Council- -:. for land.taken at Island Bay for tho purposea j of-a.recretition. ground-was heard jestorflay,. by ;the""Compo|isation^(^urt,-,.. ; of Mr.: Justice Chapman. (President),. Mr. J. -. 0. M'Kerrow : (asseasor for. tho claimants), -and-tho-Hon.- T, K; Macdonald (assessor-for , 4h» Corporation). The amounts of-tho claims .. • , were: G, .H.;]3ay1i5,,£12,560,;-iM..G, £1365; W. Whitphoi.se, £900; and G. WHarvey, £1122; grand total, £15,947. Mr. Gray (iMtl; liim Wcaton) appeared on behalf. of tho claimants, and Mr. ~ Mqrison ; (witli. him .Mr.,.o'Sho») fpr..tho .re- - spondonts. ,--:-A )>ook • showing Baylis's accounts for grate! taken out ot the quarry was produced by Mr- Gray. . Evorard' W. Seat-on ivas recalled by tho claimants. 'In answer.-to : questions.by j Mr,!.-: . he said that-a, rupblo wall costmg - about £10- would . be sufficient . protection .:. against .watervrushing up t-lio gulch.- t -. .'( / 1-, Daniel-Hayes, driver jn the-employ of slr. i Huroojnb,- fißlipiopgpr, was - called by ~ • claimants. Ho stated that lie hiid been go* ing to Island Bay for about 20 years, but : hnd- tiever known the huts on tho beach to bo 1 flooded,out.- i-Jn answer to a question by his Honour, .witness— boats w»iro'.. pulled up on tho beaoh m ; rough weather. . Ha had lfnown' them to bo damaged,» .but this was owing .to their • being carelpfslymoored in. tho boat harbour The hearing 7 of evidence for tho rcspon- • dents was then resumed. -- Reginald Thomas-Hollls; overseer employed, by the. Chty - Corporation at. tho .septio tauk; works at Islaqd Bay, desonbed the effects of the- storm on - and 18.;. ;.The,-. • ... sea- overturned,: tho; blacksmith's shop, itlie j 1 - backwash carrying away the forge and an-anvil,weighing-about Jowt-i,while..a bo? of-'. . tools, weighing about a ton, was also carriod awav, and tho contents of a, comont .. ; : shed were much-damaged..- Four^iueu.who . were m tho blacksmith's -?hop had row .escape,-and a latnno- was .washed, soma.- . . .;- distance up the rooks.. So .fierce; was 'the. - ■ storm -that some of tho men were afraid to. . . . . venture oi\ -to :tho portion of -the works near. .. . - ;. : the- eoii; and witness- found, it necessary, to .warnmothers, to keep back-from .the. road, . ; Robert Barter, an employee of the.. City Council, gavo ovidenco-as-to tho • force and hoicht of thoi waves on January 16. He could not go along, tho road opposite geotiohs 17-'and-18': because, of tho tl«Kl-water, , :..-a and ho had tq go off tho-road to- dodgo one , . 1 huge wave * , , : A resident of tho beach at Isla.nd Bay, 1 Thomas -V, . Cassidy,' also.- testified •to the \ effect of tho January storm. Two boats m.l tho. liWo^b6ali^hwWr•--wero , mg tho night. > j J, J. K, Powell f a contractor, called by 1 , claimants,-said tho. class of gvavel .on.-: Mr. Baylis's property .at -Island.Bav was worth j .... .v: about2s.:a yard.-. Thero was,a slackness, just -now, ..but, .generally-.-speaking,-v.lher.ti- was.;a ; j good demand, for gravel. Ho thought Bay- - ■ lis's quarry-.was a very valuabledeposit. . ■ ( Thomas il ctev&-■ .doro,..said'that-ho had been a fisherman for- ' v,. about 15 years,' Ho did ncit consider tho • :creok at Island - . 'Bay: to -bo. a boat, harbour aH : all,' Then:'larger -fishing boats had eather.ta, . shelter-byi or, elso: bo. dragged, up .• tho beach.' -: .To -Mr. ."Gray: .He. had spoken, forcibly to. ~ . two -witnesses :whom he considered .tb. .h&YO .; 'given untruthful O George Aiiclrews,-. a: fisherman/irom.rPare-, ;. mata, ; : who formerly liyed: at "Island'. Bay .•.-' .for-.about; thirty years;, said ■ho ..had-.seen. ..v... one of the huts on tho beach wpsired m a - storm,"and a long time after t-wo others •were 'washed- away-. -:'He did- i)ot,-,think.,tha ; boat harbouriwas safo in all weathers ' i't-Alfrods Wakoford,: and • Henry .Short ■ , ;i ; evidence as ,to th 3 effect of seas-.-.at , Island Bay. , ' H.' i; Morton?ycity^^^engineer 'a':-.''strong v "co,ncreto-; ; wall ::-\yoidd. : bQ l 'roquired. •The wall-might bo taken up to-tho ultimatelevel : of ' , the :i'oad ; ba safe, it rn.uet beHakfeh. /'ait'^least'-'Sft--'^ jnarlt."''---"Tho.'"fouij(latioii'.should-:.'bo securely fixed in the rock,»and' tho top might be finished off'with a slope, rough-pitchedAt least 19 ohains of «all would need to'be ' constructed on each side of the bay,■'B3 chains in all,-'at- a- cost; at: the . lowest' ''figure, .... ..' of 255.'--pef'lineal f00t,.. -After tho .-wall; ~ ~; hadi been builtf"however, -about. 840 onbio.. intes would bo suitable 'for building. He(istimated .the'cost of this filling at. £s2 10s.| - jser seotipn. No prudent man'would e\pend,-l money'on-filling-until the w(ill-had been built, j...... for tt stqrtn such as that recently experienced.] ..would- wash .the - soil:-.away. : .For the ..past,'... : r ,,..... fivo.-years'-yery'little' gravel had - ■ ; off- tho'- quarry: at Island: Bay., Unlessvthai , shingle were required -for :work at-the Bay,l - , ; it would be much cheaper-to get it from-. : : S-~ -'i}- : Cro'ss-'e'xarninedby . '.Mr."Gray; x witness; : sj 'stat<xl :; :that the council:' did ]iot :ivish to- ■ . secure Baylis's- land . of a,. ' : -gravel-pit, l but''simply hecahse'it was-thoughtjvffirvV that-tho •foreshore should he" secured for. the ,: , ' roorea/tiftn'.-of ' : public^' Gilbert Lamg-Meason, of the firm of Lamg■Mcason. and-Marohantj oivil engineers, statecL 1, that a - walL-should _be-'- constructed right round the two bays beforo they would be - safe for residential purposes. Tho hoight of the wall should be at least' six feet above:-. high-water mark,' and the. width should rango fioni half the height at tho base to about lft. 6in. at the top. Unless this construotjoii : carri^. : outj-;houscs- erMtcd ; thd beach would- be Jmble-to- bo -covercd ...with ,;.: 'sprayer. : His' estimate for the. cost, of-'such a wall-would bo.£l 103 per.'foot for a:distanco:: of -2930 icet,-- totalling £5274. ' In .addition, filling at a cost of £2250 would bo: necessary, v : Neil M'Lean, a member of tho contracting 'firm of John'.M'Lcan: and.-Sons, estimated. ; the' cost, of'.tho'wall.: at ,33s per, cubic yard: p:-;y c for tho concrete, and ( Is. r6d. L , for the filling, which'wirtild work out'at'.about 3,?s.':per lineal. foot. - Looking, at the matter : frqm, a..con- .., : traot-oi's point of view, he would not be prepared to take the -work, since a risk would bo run of its. getting destroyed by ft..south-, . : ' ji-i' :,; At'this i stage the hearing of the case was adjourned, and will be resumed- at 10.30, tljis morning in the Supreme Court building.'