LAND-SLIP.

Evening Post, Volume LXXVIII, Issue 120, 17 November 1909, Page 8

LAND-SLIP.

A CLAIM FOR DAMAGES. CITY COUNCIL LIABLE? The Wellington City Corporation was defendant in ths Magistrate's Court today in a cuil action for £200, brought by William Henry Ballinger, plumber, for alleged damage to property. Dr. A. M'Arthur, S.M., was on the bench. Mr. Blair appeared for claimant, and Mr. O'Shea, city solicitor, for tho defence. Tho statement of claim sot out that (1) botweun the 15th March, 1909, and the 13th April, defendant corporation, by ■ irs agents and servants, wrongfully anct illegally entered plaintiff's land on. Kelburnc, anc' wrongfully and illegally excavated thereon and constructed a drain and manholes; (2) that tho corporation illegally and wrongfully appropriated a large portion of tho land for the con- ! s( ruction of tho drain; (3) that tho trespass still continues, and tho drain and J manholes are still on the land, and arc causing /damage to plaintiff; (4) that in' consequence ol tho exx-avation and construction a fall of_ earth occurred on the property about the 11th April. The slip had caused damage to the property, and to a factory and a property belonging to plaintiff, situated on the adjoining property. In introducing his case, Mr. Blair asked that the claim be reduced to £100. . The plaintiff ptatccl that the corporation placed tho drain six fePt inside his fence and about 4ft 6in from the edge of an | excavation in his property. Tho next rain brought x away a, quantity of spoil, which broke about 15 feet of brick wall, standing 4 foet high, and wrocked the, wall of plaintiff's building. In addition, all tho material just inside was destroyed, and the approach to the section was spoilt. \ Witness said ho had no opportunity to object to the notice ho received from the council. Tho soil had been removed by the latter without prejudice. Two of tho sections were valued at £100 eaoh. To Mr. O'Shea— Witness paid £80 for the sections. There had been a slip on the property before Evidence was also given by Owen Daly, ; contractor and drainlayer, A. M. Wilson, builder, and Robt. E. Manley, land agent. In defence, Mr. O'Shoa submitted that plaintiff -was not in yossession of the-pro-perty, and that any damage for trespass was A-ery small. Counsel also urged, that i the council had saved claimant, the cost of a private drain ; that if there had been the excavation only f and no drain, the slip was bound to take place; an excavation only for a drain, and no excavation by plaintiff there would have j been no slip; that plaintiff would have I been compelled to lay a drain in the position of the present one, if the council had not done so; that the slip com.plained of was the second caused directly and solely by his excavations; that the_ drain was necessary, because plaintiff could 'drain into the street ; and that plaintiff was well award that the drain wah to bo constructed. AVilliam Henry Morton, city engineer, gave evidence. Me wa& of tho opinion th.it the drain had nothing to do with the slip, which he considered was entirely due to faulty excavation by plaintiff. The drain was necessary in order to reticulate adjacent properties, and it had been constructed in the most suitable position. To Mr. Blair : It was dangerous to allow moisture to got on the top of a. grctib.y bank. Jainos Henry Morris alto considered plaintill'V excavation to be the cause of the slip aud the breaking of the drain. To Mr. Blair: The fall of earth was from the drain-line. Decision was reserved until Tuesday.

The training-ship .Amokura, which arrived at Auckland yesterday from Wellington, will leave tor the ltermadec lilancls to-morrow. A conference of delegates of the various fire boards in New Zealand will be cponed in tUo Wellington Fire "Underwriters' office at 10 a.m. to-morrow,