DANGER FROM SPARKS

Dominion, Volume 29, Issue 71, 17 December 1935, Page 11

DANGER FROM SPARKS

Interim Injunction Against Company An interim injunction restraining Messrs. A. Broadbelt and Co., Ltd., Feilding, from using their chimney in such a way as to permit sparks to settle on the property of Mrs. R. Fowles was granted by the Chief Justice (Sir Michael Myers) in chambers at AVellington yesterday. Air. J. S. Hanna, who appeared for defendants, said that apart altogether from the trouble of sparks, the company had long since decided to close down its factory at Feilding, and the decision was to have taken effect from Saturday last. Plaintiff therefore need no longer apprehend any danger from the chimney-stack. His Honour; I can't take any notice of that, Mr. Hanna. Is there any reason why you suggest the interim injunction shouldn’t go? Air. Hanna: No, sir. His Honour: According to the material before me, defendants have been warned over and over again, not only by plaintiff but by the local authority. Of course, there may be some explanation, Air. Hanna, but prima facie it would appear they have flouted everybody. I have not formed that definite conclusion, of course—l have only seen one side —but I never saw a plainer case for an interim injunction. I say interim injunction; I don’t know what answer there will be. There are affidavits here from the plaintiff, the local authority and the head of the fife brigade. They all say there is an undoubted nuisance which defendants did little to remedy. Air. D. P. Cullinane, Feilding, appeared for plaintiff.