DRIFTING SAND

Evening Post, Volume CIX, Issue 114, 18 May 1925, Page 6

DRIFTING SAND

AN ISLAND BAY DISPUTE.

Mr. Justice Ostler is engaged at the Supreme Court to-day in hearing an actiDn between William Sheard, of Wellington, contractor, against George Henry Brett Baylis, in connection with a sand nuisance alleged to have been caused by defendant's action. Mr. G. H. M. Moir repiesented plaintiff, and Mr. J. A. Tripe and Mr. C. A. Haine represented defendant.

The claim was in^ connection with seclions of land in Eeef street, Island Bay. Plaintiff stated that at one time his and defendant's sections were on the same level, and were divided by an ordinary paling fence. Defendant had then commenced moving sand to raise the level of the portion of the section adjoining the boundary fence, and had used the fence as a retaining wall. It was claimed that as a result of. this the .boundary fence had bulged as much as two feet, and that sand had broken through, submerging plaintiff's vegetable garden. Plaintiff claimed orders for the removal of the sand, the construction of a proper.retaining wall, and nominal damages amounting to £50. ' Expert evidence was a feature of the evidence of both sides, the enso being a somewhat technical one* His Honour decided to visit the sections.

(Proceeding.)