AN ALLEGED NUISANCE.

New Zealand Times, Volume XXVII, Issue 5665, 12 August 1905, Page 7

AN ALLEGED NUISANCE.

"WORK AT A QUARRY. PRESS ASSOCIATION. CHRISTCHURCH. August 11. An interesting case has been engaging the attention of He Supremo Court for the last two days. One Holdsworth, residing at Hoathcotc, claims £SO damages from and an injunction against England and others, owners of a quarry adjoining plaintiff’s property. Operations at the quarry commenced in February of this year, whilst plaintiff took up his residence on his land in 1902. Ho alleges that the blasting, the loading and unloading, and operations •generally create a nuisance. Between April and March he heard one hundred and seventy-four explosions from the quarry, and felt his house shake on twenty-one occasions.

The defence was a denial that plaintiff suffered any loss or damage, or that the value of ins property had been decreased by reason of any act or default of defendants, or that any nuisance had been caused.

One witness asserted that trains to and from Lyttelton made more noise than the crushing operations at the quarry. Shields, owner of a quarry at Northeast Valley, Dunedin, stated that that locality wits densely populated, and he had no trouble with persons residing near his quarries, which had been in operation for about twenty-seven years, and were conducted similarly to that of defendants.

Another witness was of opinion that the money expended by defendants in their operations* furnished employment for a number of men, and would have the effect of increasing the value of property. An employee of the Quarry Company stated that since commencement of operations £t>soo had been expended, £2040 of which was in wages. The case for the defence has closed.

His Honor ordered the matter to stand over till next Banco day, and intimated that he would visit the quarry in the meantime.