A DRAINAGE QUESTION

New Zealand Times, Volume XXXVI, Issue 8192, 6 August 1912, Page 2

A DRAINAGE QUESTION

CLAIM FOE DAMAGES. Judgment was given by the Court of Appeal yesterday in the case in whlon William Bryant Vater Pearce, farmer, of Rangiotu, proceeded against the Manawatu Land Drainage Board, of Palmerston In the statement of claim, filed In the Supreme Court, it was set out that Pearce is the ownsr of land in the drainage district of the Aorangi Land Drainage Board, and also of lands in the district of the Manawatu Board. It was alleged that the defendant board had negligently diverted into certain drains a greater quantity of water than the drains were capable of conveying, and had also increased the quantity of water without providing additional means for conveying it. A further al.ogatlon was that the hoard had allowed the drains to fall Into disrepair, bo causing them to overflow and Ho ininry to Pearce's land and stock. In respect of these Injuries he claimed £2OO, damages and a mandamus compelling the board to clear the drains.

Certain points of law were removed into the Court of Appeal for argument. The questions for the Court to decide were: Whether plaintiff had a common law r'ght for damages; whether he should proceed by a claim for compensation; or whether he should apply for a mandamus compelling the board to clear the drains. The case was argued before their Honors Sir Robert Stout, Mr Justice Denniaton, and Mr Justice Sim.

Their Honors delivered separate Judgments yesterday, agreeing that plaintiff should proceed by way of compensation, except (as admitted) in the case of damage through disrepair. At the hear ny Mr P. E. Baldwin appeared for plaintiff, and Mr C. B. Mori son. with Mr F. H. Cooke, for the defendant board.