ACTION FOR DAMAGES

Evening Post, Volume CXI, Issue 67, 20 March 1931, Page 12

ACTION FOR DAMAGES

TENANCY OF NURSING HOME Sued in respect of her separate estate, Mrs. Kathleen Elizabeth Carlyle, matron of St. Catherine's Hospital, Marton, defended an action for damages in the Magistrate's Court yesterday, before Mr. E. Page, SM., for an alleged breach in the covenant governing the tenancy of a nursing home in Hataitai. The plaintiff was Mrs. Elizabeth Beenbcrg, a nurse, for whom Mr. C. A. L. Treadwell appeared. Mr. W. P. Boilings appeared for the defendant. In the statement of claim it was stated that on or about 14th July, 1928, the plaintiff and the defendant entered into an agreement whereby the plaintiff agreed to lease to the defendant the premises known as 9, Hinau road, Hataitai, used aB a nursing homo and hospital. It was alleged that the defendant, upon the termination of the lease on or about 26th October, 1930, failed to yield up the premises .in the same good and tenantable repair as they were at the commencement of the tenancy, and failed to deliver up in full certain chattels, utensils, and effects. The plaintiff, therefore, claimed £26 8s for the replacement of the effects, and £20 as general damages. The defence consisted of a denial of the allegations. In awarding the plaintiff £10 damagea, Mr. Page said the lease provided that the tenant should yield up the premises in the same condition as they wero when taken over. The tenant was entitled to the use of chattels and effects in the house, and if kept in good order he did not think she should make good the age of them. "The defendant had had two years' use of the chattels and I think she must be ordered to pay something in the way of replacements," said Mr. Page. The plaintiff was allowed costs.

Two members of the Hutt Valley Electric Power Board, Mr. A. W. Press and Mr. A. J. M'Curdy, both exchairman, presented framed photographs of themselves to the board yesterday, to be hung in the boardroom with photographs of other ex-chairmen. The Eastbourne Borough Council last night passed a resolution protesting against the suggestion o£ the Wellington City Council to move the Eastbourne bus terminus from Mercer street to Stout street.