DAMAGE BY FLOOD WATERS

Evening Post, Volume XCV, Issue 15, 17 January 1918, Page 8

DAMAGE BY FLOOD WATERS

RESERVED JUDGMENT GIVEN.

Mr. W. G. Riddell, S.M., this morning gave judgment in the Magistrate's: Court in the case of Albert Edward Hugh and James Kirk, billiard-room proprietor against George A. Scott (Scott Motor Company},- a claim for £162 3s. The plaintiffs in their statement of, claim stated that defendant, the occupier of a motor garage abutting upon a. right-of-way running from Dixon-street to the back of .plaintiff's billiard saloon in Man-ners-street caused the natural or existing levels and formation of the right-of-way to be so altered that the natural flow of water was diverted and flooded their premises. Plaintiffs claimed £112 3s special damages, and £40 general damages for loss of custom, etc., caused by the flood. The defendant contended that the condition and surface of the right-of-way was so unsatisfactory in wet weather that it called for improvement. Defendant and a number of contributors who used the right-of-way, including the ownera of plaintiff's premises, arranged to have the right-of-way regraded and its surface made more uniform, and, according to the Assistant-Engineer of the City Corporation the condition of the right-of-way lifter the regrading was much improved and the work, was carefully done. After reviewing the evidence at some length the Magistrate said it was difficult to fix even the approximate amount which plaintiffs should be given owing to. the want of evidence as to the actual condition of the premises before or after being damaged. Judgment was given for plaintiffs for £82 7s 4d, and costs £11 Is. At the hearing, Mr. G. G. G. Watson appeared for plaintiffs, >, and Mr. T. Young for defendant. ' ■