REMUERA TRAM DIPUTE

New Zealand Herald, Volume XLVIII, Issue 147683, 31 August 1911, Page 4

REMUERA TRAM DIPUTE

THE COMPANY'S APPEAL. •J 1 TO BE HEARD BY ' FULL COURf, j ■ „A": . [ The dispate between the Rercueira - Road '■ 3 Board and the Auckland Electric Tram. "l ; I ways Company in regard' to the «>xtcn sio v I of the tram service from Grecalane to v ' •' I Mountain Road, was mentioned befonj 1 > His Honor, Mr. Justice Edwards, sitting'" I in banco yesterday. The company hag ap.' t* ' !• pealed against the decision of thft'mak.! trate. 1 f In the lower Court, Mr. C. C. Kettle 1 S.M., held that the company wan bound' I to maintain a 'bus service between the 1 I north end of Victoria Avenue a;id* the I original terminus in Remuera Road, and ' i'' ' the south end of Mountain Road and the I same terminus. Judgment was given for . - f plaintiffs (the Road Board), and ' as" the ■ I case was a test , one, the damages were I assessed at the nominal sum of £K.with'-^ A 1 costs. ,-'4 • ;'<i \ Leave of appeal was granted to the ? company on the grounds that resolutions \ I passed by , the Board on August 29, 1905 1 and on September 15, 1905, were sufficient to render valid and binding on the Board - the deed of agreement and release made/A 5 < between the respondent and the i' appel." i | lant on September 19, 1905. < It was also' J contended that any obligations of tho apt < pellant to establish and maintain any omnibus service expired at the end of r. * period of four years after the issue of the Auckland suburban electric tramways' ' order of April 27, 1901. The question - submitted to the higher Court was whether the judgment of the magistrate' l -/- was right in point of law. ~ ' j Mr. R. McVeagh appeared for'' Aha Remuera Road Board, and Mr. H. D. Bel' ' K.C., for the Tramways Company. *■£ -' f '' Application was made to have the'case removed to the Court of Appeal. - His Honor said he did not see a possi- ■ 3' bility of disposing of the case during the week, and by the consent of counsel, Misdirected that the case be heard by the Full Court in Wellington. i . ===== ,