RIGHT TO LIGHT

New Zealand Times, Volume XXXIII, Issue 7865, 29 July 1911, Page 1

RIGHT TO LIGHT

SHOPKEEPERS BACK WINDOW. ■Whether a tenant who afterwards became a freeholder had acquired, a prescriptive right to light through a back window was the question involved in a case which occupied the attention of tho Court of Appeal yesterday. Tho parties were Walter Smart, pawn broker, appellant, and Robert Lionel Levin, respondent. Appellant Risked tho Supreme Court to find that ho had acquired by prescription an easement to light by way of a window looking out over a section nowvacant belonging to Levin, - and to restrain the latter by an injunction from interfering with bis right by erecting a building on tho section. ■ His Honor tho Chief Jns tree, who heard the case, found that there was nothing to show that plaintiff had had transferred to him any casement, and that his statement of claim disclosed no cause of action. It was from, this decision that plaintiff appealThe bench was occupied hy Sir Joshua Williams and Justices Edwards, Chapman and Sira. Air A. Dunn appeared for tho appellant, and Mr H. D. Bell, ICC., with Mr G. H. Fell for tho respondent. The court, reserved judgment.