SUPREME COURT. THE KILBIRNIE TUNNEL CASH.

Evening Post, Volume LXXV, Issue 47, 25 February 1908, Page 2

SUPREME COURT. THE KILBIRNIE TUNNEL CASH.

The case of the Hataitai Land Company v J. J. Boyd, a claim for £27 9s 7d for proportion of contribution paid by tho phwtifis to tho Wellington Corporation for construction of the Kilbirnie Tunnel was continued before Mr. Justice Chapman after The Post went lo press yesterday. Mr. Hadfield appealed Tor plaintiffs and Mr. Findlay for dciendant. Th ft rase for the plaintiffs having closed, tho defence was be^un, a;id the lines upon which it was taken were that although Boyrl did sijjn an agreement to contribute to the company's contribution, lie did so on the understanding that a good path was to ho carried through the tunnel. James Kinnehuvgh, KilbirniV, said at tho public meetings of ratepayers, it was taken for granted that a footpath would be put, through the tunnel on what was known as Wright's scheme. William John Brannigan, Kilbirnie, said that at all meetings in connection with the tunnel the footpath was a burning question. This was recognised as an essential part of the scheme, for it w:ts • onsidered that a footpath was as of much value as the tramway:-,. This closed the evideiuv for both sides. After healing argument his Honour intimatod that he would Uko time to consider the points raised. Judgment was reserved.