SHOWERS OF STONES

NZ Truth, Issue 889, 9 December 1922, Page 7

SHOWERS OF STONES

A Mt. Eden Menace

Checked by the Court.

The statement that residents m the locality of, Mount Eden have been living: almost m terror of thalr lives because of the frociuent bombardments of showers of flying stones to which they have been subjected at internals iiurtnflr the last twelve years m consequence of blasting operations m an aMjueent quarry was made by Lawyer heary m the Auckland Supreme Court last week. * The matter was considered to bt so serious that ono of the rftsidents. F- O. Mappln, applied to Mr. Justice Stringer for an injunction restraining Craigr'a, Ltd., frony blasting m their cifta.rry m such a. mahn'er as to cause stone? a.nd spltytors to no hurled on to properties* contiguous to Mountain A lengthy correspondence was read, proving that on quite a number of occasions a resident named Mr: Brown Clayton hod 'written "to* Messrs '/Craig asking that tho nulsaneo be abated. ' "A LONG-SSU^FERINa .MAN 1 ' was how his Honor Mr. ' Justice Stringer described Mr. Claytbn; -. Posalbly he endurvd the bombardments v? long as possiblo rather thart take le«al action m cane It would detract from the value of his properly If he made the matt or known, was the comment from tho Bench. Then-Lawyw Leury scorM a stiotiK point by producing big lumps of volcanic rook, weighing about one pound, and which, he declared, had CRASHED THROUGH THE TILES of his cllent'B house. Affidavit* filed by J. Friar, a gardener, and m.otner employee of a neighbor. F, Lucys', contained. statements that chunks of rock had fallen In tho properties from time to Ume. eomo of them bolng twice tho 8120 of « man's fist. On one or two occasions persons had nanowly oaenped being, wtruuk by them. It was declared that these, missiles hurtled through the nlr. at great velocity and wero a virtual menace to life and limb. For the defendant company, Lawyer A. H. Johns ton o candidly admitted the existence of the DANGER AND ANNOYANCE. He said Craig's fully realised that there was danger m allowing blksting operations to continue m tho manner which formerly obtained, and it new engineer had boon engaged and would boKln his duties on December 4, when it was hoped thnt by an ontirely now system of safeguards tho blasting would no longer cause annoyuitcu. "Wo must not wait until someone is killed, you know," remarked tho Judge, ■ After somo argument from .the bar. his. Honor agreed to adjourn tho matter for a woek. on the undorsta ndlng \ that there was to bo no blasting m tho meantime, and the proposals for the j currying out of future blasting bt* sub. mittcd to tho plaintiff for considera- ; tion. He added that m any cuso a i minor Injunction would bo grunted, i restraining the defendant company : from -BLASTING IN SUCH A MANNER >as to allow stones to be hurled 'into adjacent properties. If tho nuisance continued tho Judge said ho would have no hesitation m making an. injunction prohibiting all blasting. Ho did not want to have it on his conscience, ho remarked at one stage. : thnt some one was. killed simply beoauso ho had not had tho couratfo to mako an injunction prohibiting blnst- ; ing.