ESCAPE OF WATER

Manawatu Standard, Volume LIX, Issue 116, 17 April 1939, Page 6

ESCAPE OF WATER

liability for damage. INTERESTING LEGAL POINT Per Press Association. WELLINGTON, April 17. A case of particular importance to municipal corporations is before the Court of Appeal to-day. It is the claim of Irvine and Co., Ltd., Dunedin, against the Mayor, councillors, and citizens of the City of Dunedin. Between 24th and 29th December, 1937, water escaped from one of the water-pipes belonging to the Dunedin Corporation in Princes Street a.nd invaded a basement, damaging certain goods belonging to the plaintiff company stored in the basement. Proceedings having been issued claiming £694 2s 4d, the amount of the damage sustained, they were moved by consent into the Court of Appeal for argument. In its defence tlie corporation, whilst admitting that the water escaped, sa.id the pipes were laid pursuant to the statutory powers conferred upon it, and that it was not liable for damage caused hv escaped water unless induced by negligence on its part, and that no negligence was pleaded against it. Opening his case, Mr Brash (Dunedin), counsel for plaintiffs, said that in ordinary circumstances any person was liable for damage caused by an escape of water from his land on to the land of another. In England, counsel continued, there was no doubt- that a corporation would be liable under the circumstances before the Court, but in New Zealand there were a number of decisions at variance with the English authorities. Tho effect of the New Zealand authorities was that the word “nuisance” in Section 173 meant a public and not a private nuisance. Counsel contended that these authorities were wrongly decided and should he overruled. In any event they could lie distinguished because the reason for their being so decided was that in each case compensation was available to the injured person. Tn the ease before the Court compensation was not available, and that cut away the ground on which tlie decisions in question had been made. Should Air Brash’s contentions he upheld and the New Zealand authorities overruled, new and heavy responsibilities will be thrown on city corporations. The hearing is proceeding.