REMOVAL OF POLES

Evening Post, Volume CXIV, Issue 18, 21 July 1932, Page 18

REMOVAL OF POLES

COUNTY COUNCIL'S APPEAL

A long judgment ot mtoie&t and importance to local bodies and power boards was delivered by the Court of Appeal jesterdaj. Tho broad question involved in the case was whether'the Waitemata County, Council or tho Waitemata, Electric Power Board should be held liable for the cost of the loino-val of electnc light poles to another position, made nocesßaiy by road widening work The appellant was the county council, and tin power board was the respondent.

The Couit dismissed tho appeal with costs on the lowest scale.

Questions the Court was asked, to consider -wore: (1) Which of the parties, tho county council or the power board, is liable for tho cost of the removal of the poles or any of them? (2) Whether either party has any right at 3aw to require the other to contribute to such cost or to compensate it in lespcet of such cost? ■(3) ■'■Whether under the circumstances 'the.'county'council'is entitled to judgment for £80.

"^Ve do not thmls. it cither convenient ■• or desirable to ■ answer the questions in the form in which they aro put in the c<isc stated," concluded the Court's, judgment. "In the circumstances it is sufficient, wo think, to say that the appellant corporation is not entitled to tho declaration and other Tohef claimed m the action, and that the respondent board was entitled to compensation under the Public Works, Acts; .but that, having regard to thff" agreement made between the parties and to the manner in which by such agreement the case has been shaped, the appellant corporation is not entitled to recover tho sum of £80 in question, and the respondent corporation is entitled to judgment in the action..'.'