TREES BURNED BY ROAD FIRE

Dominion, Volume 30, Issue 261, 31 July 1937, Page 8

TREES BURNED BY ROAD FIRE

Property-owner Awarded Damages , A fire, lit on the main north road at Pahautanui on March 4 by a Public Works Department roadman, was the subject of an action against the Crown in the Supreme Court, Wellington, yesterdav. Phillip Brandon, solicitor. Wellington, petitioned for damages amounting to £212/8/-. He alleged that as a result of negligence for which the Crown was responsible, the fire swept through his property, causing extensive damage to trees. It was alleged that the fire lit by the roadman on March 4 spread to Brandon’s property, and that it was incompletely extinguished, with the result that it sprang up again the following day, doing the damage complained of. Negligence on the part of the roadman was blamed. The amount of £162/8/- claimed, as special damages was made up as follows :—Replacement of 730 macrocapa trees destroyed. £23/18/-; loss of growth, £99/10/-; loss of shelter and ornamental trees and shrubs, £10; loss of firewood, £4; disfigurement of property. £25. In addition. £5O was claimed as general damages. The Crown admitted that a tire had been lit by the roadman on March 4. and that it had spread over a small area of Brandon’s land, but contended that it bad been completely extinguished the same day, and had caused no damage. All allegations of negligence were denied. The case was heard before Mr. Justice Reed and a jury of four. Mr. G. R. Powles appeared for Brandon and Mr. C. H. Taylor for the Crown. After a retirement of about half an hour, the jury found in favour of Brandon. • They awarded him damages totalling £ll4/13/-. Judgment was entered accordingly.