ROAD CONSTRUCTION

Manawatu Standard, Volume XLV, Issue 188, 14 July 1925, Page 8

ROAD CONSTRUCTION

PALMERSTON NORTH APPEAL. Argument was concluded at the Appeal Court at Wellington yesterday afternoon in the ease in which the Mayor, councillors and burgesses of Palmerston North appealed from a judgment by Mr Justice Reed in favour of James John Casey, of Palmerston North, stock drover. Mr Justice Reed, when the matter came before him in the Supreme Court, gave judgment tar Mr Casey for £465, an amount deposited by him under protest with the Borough Council for the purpose of tarring and sanding the roads and foot-paths in a block of land that he had subdivided.

Mr A. Gray, K.C., with him Mr F. H. Cooke ’ (Palmerston NortlQ appeared for the Borough Council and Mr H. R. Cooper (Palmerston North) for respondent, J. J. Casey. 'Pile Chief Justice interrupted the argument of Mr Gray, K.C., yesterday, to remark: “I think it a great pity the corporation did not keep to the law strictly and say that ‘it you do not make the street in accordance with the by-law we will not give permission to open the street at all.’ This case has come about because the corporation has not kept to the law.” Mr Justice Sim characterised the position as one in which “the borough is paid a sum of money which it may hang on to for 50 years if it likes.” The Court reserved its decision.