DECISION RESERVED

Dominion, Volume 28, Issue 287, 31 August 1935, Page 24

DECISION RESERVED

Conveyer Over Footpath

APPEAL FROM CONVICTION Further legal argument was heard by the Chief Justice (Sir Michael Myers) in the Supreme Court yesterday afternoon, when appeals by New Zealand Fisheries Ltd. and William McHugh, an employee of the company, against convictions by Mr. W. F. Stilwell, S.M., on charges of erecting a conveyer over a footpath without tlie consent of the Wellington City Council, and parking a vehicle over a footpath, were continued. The method used by the company iu receiving and delivering fish at its premiss, Cable Street, is by a conveyer over the footpath to a motor-truck. The first charge was brought under the city bylaws and the second under the Motor Vehicle Regulations, 1933. His Honour reserved judgment. Mi’. H. F. von Haast and Mr. E. M. Siadden appeared for appellants, and Mr. J. O’Shea, city solicitor, for the City Council. Mr. von Haast submitted that appellants had not erected an obstruction at all. The conveyer across the footpath outside; their premises was a purely temporary device that was hoisted up and down by a block and tackle. Mr. O'Shea said the by-law was intended to preserve the public right of way on the footpath. In this case the obstruction consisted of putting the fish conveyer at a height of not more than five feet above tlie footpath and keeping it there for 20 minutes at a time and driving people to the roadway. r

After Mr. von Haast had briefly addressed. the court in reply, the Chief Justice reserved his decision.