SARGOOD v. THE CORPORATION OF DUNEDIN.

Evening Star, Issue 7613, 16 May 1888, Page 2

SARGOOD v. THE CORPORATION OF DUNEDIN.

[From Our Own Reporter.] WELLINGTON, May 15. The arguments in this case on behalf of the appellants were resumed this morning at 10.30, and had not concluded when the Court rose for the day. Their Honors stated that they were not yet prepared to decide whether the application to admit fresh evidence should be granted, but the Chief Justice expressed his opinion that it should not. It was argued that His Honor Judge Williams had not expressed or decided whether the water in Sargood’s cellar came from the reclamation or sewer, and that appellants were entitled to ask for an express decision on that point; that ttie inferences drawn by the Judge in the Court below were not warranted by the facts, and that he, in fact, construed the facts more strongly in favor of the Corporation than the Corporation themselves did ; also that though the flood was unusual it was not unprecedented, and it was the duty of the Corporation in constructing their sewer to provide for the possibility of such a rainfall as had occurred, which they had not done, and that consequently the defendants were responsible if the sewer could not carry off all the drainage ; further, that the sewer, as decreased in size by the silt, was not large enough to carry off the quantity of water which might reasonably bo expected to come down it.