APPEAL COURT

Dominion, Volume 10, Issue 2906, 19 October 1916, Page 8

APPEAL COURT

: « RIGHTS OF A RIVER BOARD. Tho Appeal Court, First Division, sat yesterday to deliver reserved judgments. On the Bench were the Chief Justico (Sir Robert Stout), Mr. Justice Edwards, Mr. Justice Chapman, and Mr. Justico Sim. __ In tho oaso of the Palmorston No'rthKairanga River Board v. the Mayor, councillors, and burgesses of PalmerBton North, tho faots in which havo been traversed previously, tbe appeal was dismissed, with costs on the middle scale a-s 011 a case from a distance. At tbe bearing, Mr. C. P. Skerrett, K.C., with him Mr. H. H. Cooper, of Palmorston North, represented tiio appellants, and Mr. C. B. Morison, K.C., with him Mr. F. H. Cooke, of Palmerston North, appeared for the respondents.

REHEARING ORDERED. Judgmont was also given in the case of Percy Bros., appellants, represented by Mr. C. P. Skerrott, K.C., with him Mr. Jordan, of Masterton, who appealed against a decision of Mr. Justice Chapman givon in tho Masterton Supremo Court in favour cf Messrs. Fly and Young (represented by Mr. R. Kennedy, with him Mr. Hollings, of Masterton), who obtained a vordiet of £154 damages. Tlio facts wero that in Novomber Inst year a, mare belonging to Percy brothers, fanners, of To Oro Ore, was, as the re6ult of a collision with a motor cycle, killed on the Te Oro Oro Road. , Before the removal of tho carcass of tho animal, the mail coach from Masterton to Carterton, owned by Messrs. Fly and Young, came along tho road, and the coaeli horses shied at tho body of the dead animal, with the result that tile coach was capsized a.nd smashed, tho harness broken, and ono of tho liorses killed.

The ca.sc, was adjourned to Alarch next for rehearing before tho Pull Court.