STREET WIDENING

Evening Post, Volume CXXVIII, Issue 21, 25 July 1939, Page 7

STREET WIDENING

CLAIMS BY TENANTS

DAMAGES AWARDED

. In connection with the setting back of the street line in High Street, Lower Hutt, just soutlj of the' Post Office, two of the tenants have proceeded against the Lower : Hutt Borough Council in civil claims at the Magistrate's Court.

In one of the cases the owner of th* premises was joined the council as defendant. ' ■-. :;:

The hearing of the cases before Mr. A. M; Goulding, S.M., lasted, over two days. A large; number of, witnesses was heard and" there was a varied dis- - play of exhibits. , In each case judgment was given for w plaintiffs. ... '.'_■ .":}■/ Mr. W. P. Goodin conducted the cases for the plaintiffs (Messrs. Elbe Bros, and A..C. Stevenson), Mr. C. R. Barrett appeared for the council, -'and Mr.'R. % M. Sutherland for the bwneiv Mrs. H.B.Reynolds. :: :. : In the -first case Elbe rßrds., Ltd; claimed £75 9s 10d for breach of contract by deprivation of the premises and for damage to stock and in the second case A. C. Stevenson, claimed £157 from Mrs. Reynolds and £60 from the council for. trespass- withbut consent, deprivation of business,: and because of trespass damages owing to inability to Quit stock during ; th« period of notice to quit the premises. * , Judgment was,given for Elbe Bros, Ltd., for £43 6s ldd and £7.13s cbsts and for A. C. .Stevenson, for £30 10s with £5 Is 6d costs against Mrs. Reynolds and £36 and £5 Is 6d costs against the Lower Hutt Borough Coun* cil. ■.■■'■'• ■■•■•■•< *<i ..--^ •;;.