UNUSUAL CLAIM

Dominion, Volume 30, Issue 175, 21 April 1937, Page 7

UNUSUAL CLAIM

Alleged Damage by Water from Upstairs Premises Dominion Special Service. Palmerston North, April 20. An unusual claim by a downstair tenant of a building against an upstair oecoupier for damage allegedly caused by water came before Mr. J. L. Stout, S.M., to-day. J. B. G errand and Sou, Ltd., jewellers, Palmerston North, claimed £59 from Scott Bros., dentists, Palmerston North, for alleged damage caused to goods by water from defendants’ premises. Mr. L. Laurenson appeared for plaintiff company and Mr. A. M. Ongley for defendants. The statement of claim set out that plaintiff company occupied a shop and workroom premises and defendants conducted their professional business in the premises immediately overhead. On Sunday, January 10. 1937, goods of the plaintiff company had bwn damaged by an escape of water from defendants’ premises. It was alleged that this was due to the negligence of defendants in failing to turn off a water tap in their premises. Asking for a non-suit. Mr. Ongley said that the basis of the claim had to he negligence and there was no duty on thq occupier of an upper floor to keep such water at all costs from the lower floor. Taps and pipes did wear out and when water escaped by that cause it was not negligence on the part of the occupier of the upper storey. The evidence was the escape of water had come from a leaking connection. There was no evidence that there had been negligence in not finding that defect. Mr. Laurenson submitted that the fact that the accident had happened showed that defendants had not looked after their gear with due care. Mr. Stout reserved his decision on the non-suit point, granting the right to Mr. Ongley to call evidence if there was a prima faci case to answer.