ALLEGED TRESPSAS

Evening Post, Volume LXXXIV, Issue 137, 6 December 1912, Page 8

ALLEGED TRESPSAS

RESULT OF LEVELLING LAND. An action for alleged trespass of a rather unusual nature was commenced before Mr. Justice Sim at the Supreme Court to-day. The case arose from the alleged effect of filling in a portion of a hillside section in order to level it for building. • . -.rte plaintiff was Harry Bennett Kennerley, of Wellington, settle*; and the defendant, Louisa Jane Seddon, widow. Mr. E. K. Kirkcaldicappea-red for the plaintiff, and Mr. D. M. Findlay for Mrs. Seddon. Since June 25th, 1895, said plaintiff in the statement of claim, he had been the owner of two sections of land adjoining Molesworth'Street ; and on them he - had erected a stable. Defendant was the owner of property at the rear of these sections, and she or her predecessors in title Jiad deposited against the wall of plaintiff's stable large quantities of earth, etc., thus making an embankment and raising the level of defendant's land above the natural level. By using the western wall of the stable as a retaining wall defendant had caused great weight to be thrown against it; and had weakened the structure, causing it to leak and admit water. Further, the embankment collected water, and diverted it from ' defendant's land to plaintiff's. The western portion of the stable bad been flooded on several occasions, in July 1907, July 1911, and July 1912. Plaintiff claimed that defendant's action in constructing an embankment, constituted a trespass, or in the alternative, a nuisance. He claimed a total sum of £25 as damages, and also injunctions restraining defendant from continuance of the alleged trespass or nuisance. Defendant denied that she or her predecessors in title had damaged plaintiff's stable. If earth had been deposited against the stable wall the action had been acquiesced in by plaintiff. .Evidence in the case is now being heard. (Proceeding.)