RATEPAYERS' CLAIMS.

New Zealand Herald, Volume LXVI, Issue 20424, 28 November 1929, Page 14

RATEPAYERS' CLAIMS.

COURT AWARDS DAMAGES. Claims against the New Lynn Borough Council (Mr. Haddow) for alleged wrongful entry upon land and damage done in laying a sewerage system were made before Mr. Justice Blair in the Supreme Court yesterday by Henry Green, labourer, and Joseph Radonich, fishmonger (Mr. Fleming). Green claimed i £175 damages for trespass and for injury j suffered to his property, and Radonich 1 £25 for trespass. The plaintiffs complained that the servnnts of the council had entered on their property without due notice, had duir trenches and driven sewage tunnels, had left, portion of the drains above the'level of ihe land and had spread spoil over ihe property. The defendant council admitted that l>y -an oversight individual notices had not heen sent to the plaintiffs, but said the scheme had been adequately advertised and the work carried out with.care in the usual manner. The plaintiff Green admitted that the value of his property would have heen increased by a propel drainage, scheme, but alleged that the sewer had been put in the wrong place with bad workmanship. His Honor gave judgment for £37 for Green and £8 for Radonich, .with costs on the Magistrate's Court scale only.