STORMWATER DAMAGE

Evening Post, Volume CIV, Issue 92, 15 October 1927, Page 10

STORMWATER DAMAGE

RESULT OF ALTERATIONS

A CLAIM SUCCEEDS

Damage done by stormwater was the subject of a reserved judgment given by Mr. W. G. Biddell, S.M., in the Magistrate's Court to-day. The case was one in which Joseph C. Tonks, manufacturer, of Wellington, claimed from the Black and White Cabs, Ltd., £122 4s 4d special damages and £50 general damages.

The facts were that the plaintiff carried on a paint manufacturing business in premises adjoining certain land belonging to the defendant company, a narrow strip of which was used by Tonksas a right-of-way, and was a continuation of the right-of-way known as Clayton avenue, which extends from Abel Smith street towards the plaintiff's premises. The natural fall of Clayton avenue was towards the plaintiff's premises, and also towards the defendant's land, and stormwater falling there escaped in an easterly direction across the latter's holding, which was at a lower level than the right-of-way and its continuation.

"During April and May, 1927," said the Magistrate, "the plaintiff says that the defendants, by filling, raised the level of their land to the east of the right-of-way, and also built a brick wall at right angles to the plaintiff's premises, and on the edge of the land forming the continuance to Clayton avenue. On the night of 20th May, and on 27th May, there was a heavy fall of rain, and the stormwater falling on Clayton avenueon the defendant's land, instead of escaping in the natural direction, accumulated on that part of the continued right-of-way immediately adjoining the plaintiff's premises, flowing in and damaging his stock. The plaintiff alleged' that the damage was due to the defendant company's having raised the level of its section and building the -wall. ...

"If the principles of the law laid down by the authorities are applied to the present case, I think the defendant company must be held liable for altering the level of its land in such a way that the natural course of drainage from Clayton avenue and from the defendant's land was altered, with the result that damage was done to the plaintiff's stock."

Judgment was given for plaintiff for £141 4s 4d, with costs £14 19s.

At the hearing, Mr. L. J. Maule appeared for the plaintiff, and Mr. W. P. Shorland for the defendant company.