STORMWATER

Evening Post, Volume XCVI, Issue 67, 16 September 1918, Page 8

STORMWATER

A OLAIM FOR DAMAGES.

(BY TBtBOBAPH.—PRESS ASSOCIATION.) HAMILTON, Hth September. In the Supreme Court to-day judgmentwas' given in the case Fortescue Y. the Te Awamutu Borough Council, a claim for £75 for; alleged damages caused by the discharge of storm-water on plaintiff's property in Te Awamutu from a pipe drain along a public road. The drain was not constructed by the council, but ex-, isted when the borough -was constituted.' His Honour said that the plaintiff had failed to establish a cause of action, as the council had in no way interfered with the road or done anything to increase the flow of water through the pipes, and was under ho legal duty to alter the Toad. It -was, therefore, not guilty of negligence or misfeasance. Plaintiff was nonsuited. Costs on the lower scale were allowed, his Honour remarking that, seeing that plaintiff undoubtedly had suffered dam-; age, tho local body probably would not enforce them. His Honour added that the main question in the -case was very important, particularly to land-owners and local bodies. The law was extremely uncertain, and he would be pleased if the case were taken to the Court of Appeal and the matter settled once for all.