APPEAL HEARD

Dominion, Volume 28, Issue 286, 30 August 1935, Page 22

APPEAL HEARD

Delivery ■of Fish in Cable

Street

ALLEGED OBSTRUCTION A decision by Mr. W. F. Stilwell, S.M., was appealed against in the Supreme Court in Wellington yesterday by New Zealand Fisheries Ltd. and William McHugh, an employee of the company, when charges of erecting a conveyer over a footpath without the consent of the Wellington City Council and of parking a vehicle over a footpath were considered by the Chief Justice (Sir Michael Myers), The charges arose from the method adopted by-the company in receiving and delivering fish at its premises in Cable Street.

Mr. 11. F. von Haast, with him Mr E. M- Siaddeu, appeared for appellants aud Mr. J. O’Shea for respondent, tlie Wellington City Council. Mr. O'Shea relied on the case decided by Mr. Justice Williams in 1576 in which he decided that a bylaw of tlie Dunedin City Council imposing a penalty for obstructing a footpath or allowing any cart or animal to remain across it was valid. Mr. O’Shea explained that the company backed a vehicle across the footpath against it building forjthe purpose of loading. Later it aifopted the practice of backing the vehicle to the edge of the footpath and 1 ad an overhead conveyer run from the wall of the building to the vehicle. The conveyer was used for loading boxes containing fish and ice. The effect of the actions of the company was that pedestrians had to leave the footpatn and proceed along the road. Even when the vehicle was at the edge of the footpath pedestrians did not like passing under the conveyer moving boxes of tisb and ice. The company claimed the right to back its vehicle against the wall of the building or against the edge of the kerb. His Honour: Yen say these people must load their fish by carrying their crates across the footpath and putting these on the lorries standing on the road? Mr O’Shea: Yes. but they cannot even do that if in so doing they obstruct the footpath.

Thomas Broughton, traffic inspector, gave evidence. Under cross-examina-tion. he said there was not a great deal of pedestrian traffic in Cable Street. It was fairly heavy, however, at rush hours. Charles Hood, a traffic inspector, explained how. when a lorry ‘was being loaded by the overhead conveyer, pedestrians moved off the footpath on to the road. R. s. Alwald. managing director of New Zealand Fisheries Ltd., said that in designing the building he followed the lay-out for loading and unloading used at a freezing chamber in Waterloo Quay. The City Council gave approval to the plans. To reorganise the building to avoid loading over footpath might cost thousands of pounds. Pedestrians could pass under the conveyer in perfect safety. His Honour suggested that it might be possible to increase the height of the conveyer to enable pedestrians to puss under it. Mr. O’Shea said such an arrangement might be made, but it was desired to have a decision for future reference.

The case was adjourned to enable the parties to confer.