ALLEGED NUISANCE

New Zealand Times, Volume LI, Issue 12008, 10 December 1924, Page 7

ALLEGED NUISANCE

POWER HOUSE SMOKE ACTION AGAINST CITY CORPORATION COMMENCED. YESTERDAY’S PROCEEDINGS. Smoko nuisauco emanating from the city corporation's Evaiis Bay Powerhouse was allcg;d during a Supreme Court case yesterday and a claim was made by Robert O'Brien, a resident of 26, Miramar Orescent, Kilbirnie, for £250 damages. The Ohief Justice (Sir Robert Stout) was on the bench, Mr H. H. Cornish, represented the plaintiff, and Mr :J. O'Shea the defendant. Tho plaintiff, in his statement of claim, said that volumes of offensive smoko issued from the power-house. This smoke, and this smuts and grit, rendered his house unwholesome, dirty and uaco'.nfortoble and damaged the herbags and growth about the premises. The claim of £250, was made up of £IOO .for general damages, and £l5O for damages for depreciation to house and land. The court was asked to grant an injunction to restrain the defendant frqm continuing the injury. THE DEFENCE. Tho defence of the corporation was that it was acting uisder statutory 1 powers conferred cn it by a number of enactments. It was contended for the defence that if plaintiff had any right in this matter it was limited to a, right to claim, compensation under tiio Pubiio Works Act, 1908. Mr Cornish,.agreed with chis honour that ’ the first question to be decided was whether the proceedings . were competent. Mr Cornish relied on the contention of excess of statutory power. Mr O’Shea said the corporation had constructed the power-house according to the-plans, of its engineers, and it was clearly laid down that Where such was the case the only claim could he ■for compensation under the Public Works Act. Mr Cornish said that many similar institutions had smoke consumers. He said also that the corporation Could hare used something other than coal in tho making of its electricity; it. could have used coke or water. IN CASS MANGAHAO BREAKS DOWN. His Honour : Where could they have got water ? . : > Mr Cornish : From Mangahao. His Honour: I understood that was electric power. V Mr O’Shea: Yes. 1 - His Honour: And that this powerhouse is > reeled •in case Mangahao breaks down. Mr O’Shea : That is correct; ’ His Honour: Well then it is nonsense to calk about water. ' , His Honour said Mr Cornish had to show that the work of the. powerhouse could- be done in Some other way or his contention must fail. Mr O'Shea quoted in support of hit point of view section 281 of the Municipal Corporations Act, which says that the ■ council may do all things necessary to light tbs streets and simply electricity to the inhabitants. Mr OorhisH oallccl a number of Witnesses, ■ several of tbeffi residents iti the locality concerned, in support of his case. One of these -was -Florence Marie ’ O’Brien, . wife of the plaintiff j who said that the smoke and grit from the power-house Were a dohstaiit annoyance aqd inconvenience. _ Evidence was called for the corpora, tion, Mr O’Shea asked for a non-suit, and the court adjotil-ned till this morping, .when: the non-suit point will be argued.