SUPREME COURT

New Zealand Times, Volume XXXIII, Issue 7450, 26 May 1911, Page 5

SUPREME COURT

CLOSING HP A WINDOW. LAWSUIT FOR DAMAGES. In the Supreme Court yesterday morn* in- the Chief Justice was engaged hearing argument on issues of law preliminary to an action for damages or for an injunction in respect of the closing in m a window by a new building to be erected. The parties were Walter Smart, pawnbroker, plaintiff, and Robert Lionel Beviu, defendant. Mr A. Dunn appeared for plaintiff and -Ur 0. H. Fell lor the defendant. Plaintiff is the owner of a property at tho corner of Willis street and Old Customhouse street. At the back of the uuiiduig there is a window, which is iho omy light fur a back room of the shop, and now it ia proposed to erect a omldiug on the adjoining emotion, which, it is alleged, will effectually' block out all access of light by the window. Plain, till therefore prayed for an injunction restraining defendant from interfering with xbauitifTs enjoyment of light. Smart ouugut the land Irom defendant and others (Levin and Co.) in 1908, but the uuilding was erected in ISGB, and plaintiff claimed that ho acquired with it a prescriptive right, to the enjoyment of. -ight by the window. Defendant said that the certificate of title given was not subject to any easement or right to the light. Ho alleged that plaintiff had lodged a caveat without reasonable cause, that defendant had been put to considerable cost and inconvenience. Ho therefore counterclaimed tor T!SU. The issues of law raised were t (1) Does the statement of claim disclose a cause of action against the defendant? (2) Does the claim disclose that plaintiff is entitled to a right of access or use of light over the land? (3) Are the neoes* sary parties before the court?: Hia Honor reserved judgment as'to how the queries ought to be answered. LOCAL BODY'S POWER TO BORROW. The Taradale Town Board (near - Napier), plaintiffs, and the A.ai.P. Society, defendants, sought by way of an originating summons to have denned the powers ot a town board to borrow moneys lor certain, purposes. Air H. D. Bell, K.U., with Mr E. J. Fitzgiobon, appeared for the Town, Board, and Mr Martin Chapman, K.C., with Mr H. I'. O'Leary, for the society* The suit was by way of an application by the'plaintiff board for a declaratory order determining whether or not the plaintiff board was validly empowered, to raisu by special loan moneys for the. pur pom ol erecting and furnishing ■ a building or buildings to be used as a town hall, a public library, and board offices. On March 29th the board took • a poll of ratepayers of tho Taradale Town 1 District on a proposal.to borrow d:30i)0 for those purposes. The proposal was carried, and the board applied to . the A.M.P. Society for - the . loan. The society agreed to lend the. money so soon ■ as they were satisfied that the board hue power to borrow it. His Honor reserved judgment. DECEASED PERSONS' ESTATES, On tbe motion of Mr J. W-'Macdonald, ; the court granted to the Public Trustee - probate of the wills of the under-nien-tioned deceased persons : —Ellen Geneva : Uolquhouu, late of; Wellington, married, x woman; Andrew Brennan, late of .Wellington, engine driver; Bridget Hoff, late, of Greymoutii, married woman;, Margaret Wilson, lato of Middlemarch, widow; Charles William Schultze, late of 'Wellington, joiner; Lawrence" Ann Williams, late of Taicapuna,' married wo-man;-John McNeill, late of Pakowhai, Hawke's Bay, farmer; Edwin Watts, late of Christchurch, blacksmith; Frank Courtney Seymour,, late of Rotoma, near Rotorua, roadman. Orders to administer were also granted to the Public Trustee in respect of the estates of the following:—Vvniiam Cano pion, late of Hawera, farmer; William Emms Ivory, late of Eangioxa, nurseryman; Elias Le Boutillier, lato of Waikarafca, farmer; George Todd, late of New 'Plymouth, farmer; John Dawson, late of Christchurch, engine driver. . , The court directed a sale of the realty in tho estates of William George Bldershaw, late of Takapau, butcher, who died in 1897, and of William Georgs Rains, late of. Wellington, formerly of Babiatua, settler, deceased.