MAGISTRATE'S COURT

Otago Daily Times, Issue 14211, 12 May 1908, Page 7

MAGISTRATE'S COURT

Mondat, Mat 11. (Before Mr H. Y. Widdoweon, S.M.) Judgment was given for plaintiffs, by lofault, in the following cases:—Dawjon tad Co. (Ltd.) v. John M'Donald, claim £3 ]& 6s, for goods supplied (costs lis); same v. Williiun Lewis, claim 14s 6d, on an account agreed upon (costs 6s); Emanuel Solomons v. William G. Kingsbeer (Fcilding), claim £4 14s 7d, for goods supplied Roots lfe); .Francis Joseph Sullivan . v. John J, (J. Quane (Blenheim), claim £9 5s 9d, for goods supplied and work dono (costs 23s 6d); Brace. Windle, Myth, and Co. v. Maicolm Hendry (Mosgiol), claim £2 & 6d, for goods supplied (costs 10s); A. Murdoch and Co. v. Thomas' B. Gibb (Oanutru), claim £6 8s 6d, for goods supplied (costs 23s 6d); Henry D. Lamb y. Ellon Coard, claim £1 14s 9d, for goods supplied (costs ss) j J. Hutchinson v. William Logan (Christchurch), claim £1 13s 6d, for goods supplied (costs ss). W. Sproule y. James Uraham.-Claim £4 lis, on a judgment.—Defendant, who did not appear, was ordered to pay £2 18s fed still due, and 6a costs, forthwith, in

default of so doing soven clays' imprisonment. Alexander Horn v. James C. Frasor (South Uuuodin).-Claim £3 Us Id, on a judgment summons.—Order made that defendant pay £2 14s Id still due, with 5s costs, forthwith, in default seven days' imprisonment. Arthur Harnett v. the City Corporation. -Claim £24, for damages to stock caused through water getting into the. cellar of plaintiffs premises in George street, conMinieM on certain road work being dono by defendant's lyorkmoi..—Mr J. G. Stephens appeared for plaintiff, and Mr' Win. |U. MacGrcgor for defendants.—This action j was continued from Thursday last -Mr I MacGregor said lie had abstained from opening the- facts fully until an examination of tho drain, referred to by witness had l:oen made. Tho result of tho examination was that he found tho true state of al airs was entirely opposed to what had been sworn to. Tho view that this dram was an old disused drain which wis cut off from tho drainage system ,wa s entirely erroneous, lie regretted that <,he statements made had been entirely untrue with the drainage system, and had been so connected by the board itself, He wol|1( , call a man lo show how ,m, c h draina"" drfl come down that ~inc.-Mr Stephen" said he admitted that this drain wa7 n t the hT n nwted with £onic «o»«S •it 1 10 back. JJio area it served lm did bntit.wa.arestrie.cd" Air MacGrcgor, conl nu il" said tl,„* • posed of llr Beat', «„dfeSutw' d'Sdence. He would showthat ff ° l*J2 in, but if there was TLh ,; t VM ! nifc a .huge pressure would ! I »P '" tho chamber, ad I , 5C «»' «a» a much more fe'isml "**"**, accounting f or , ho flSSdi,,™, ?i Way n of than by the tn'ekli.,,, K f , tlo uellar >ni S ht have fo,, 1 '' g w . ; er ™ latlo , n tllat the kerbing. fi- con » L "T h from could lie no cotCdt th "l Ulcro through the grouml S w iT ° f W ''"° r because there w as S?Jt>& V ?" mi ' duce the force -HiT \v ' t0 ' ,ro ' ac^sSa's^-? i" Sargood'; " I »'* commended £,£ Af n oecupiwl Barnott's prend ea heavy rains-Willi™, B. Manle V Z tractor, staled in evidence that H S^' re^ •backwash and at the same time a don ward rush of water, tho greater force would £™lbo]c B backward,'and-thelS S seen tho tide m fet. Andrew's street sewer, out a flood was accounted for by too much lde.-lo .Mr Stephens: Wii, :eS3 thought he 9in pipe was sufficient to carry away rain? II t™ «"* *« *W0 4in jfe' l Jf ™» .connected with it. 3 f tho ™l™ bo put in would be sufficient for the purpose for which it was ««.ed, but fancied it had silted ~„. Aa IT "■ ."» full the water would on wit tho M'r With tho rain that cellar flooded, because there was not wffi. went water to-fill tho sovrer.-Alphonsus Manley aid tho plans of th o dS fc " Board and passed by it-George Brooks gave evidence as to (he condition of the dam in the water channel when h 0 saw it early m the morning.-William Wheeler tite corporation workman who erected and am .?. ilm ' ■ . gave similav evidenceAlbert Cross said he found- water in Kariietls collar to the depth of Jin and iin Hie morning after the flood. The walls showed signs of Boaknge. There was a weeping a (two points in the wall, but jt w fls very slight. A hole was (lug butween the kerb and tl, e cellar wall, but no water nnt.il they got down 2ft 6m to 3ft. The dam could not oauea Hooding over the top of the footpath. There nraa a heavy fall of water from the verandah spouting on to the kerbing, owing to the piping being stopped up, and witness drew attention to it.-Riohar<i \Y« kms Biohards, town clerk, Dunedin, said last Friday he saw the trap door in tlio cellar had been removed, which disclosed a chamber built of concrete, and into this was delivered a 9in pipe. There was-a dlSc suspended on chains hanging in tho centre of this chamber; whilo on the budding eide, or carriage side, of tho street thore was a sewer, ea id to be 2ft 6m wide. At the base of the chamber (here were deposits of paper, but there m? s »0t much fault to be found with that. There was a flow in the drain. Mr Beal had said tliat was the drain he had referred lo in his evidence as being dead. If the flooding of the. collar oamo from percolation the cellar had been improperly constructed. Witness had formed a very strong opinion against tho belief that the cellar could bo flooded by percolation •through the cellar wall. Percolation mi?ht have caused a dribble, but not a flood. Tho only alternative against percolation was tho chamber referred 10. In the event of a flood and a high tide the two faces of water would find tho weakest point, which witness took to be the chamber. Witnesseaid, inthecoursoofa very lengthy cross-examination by Mr Stephens, that tho water from the dam might have percolated through the footpath to the cellar fall but if it got through the wall the wall was very imperfectly built.—Wheeler was recalled to speak as to the size of the hole dug in tho footpath, which, he said, was 6ft long, 18in wide, and 4ft deep. When he went nest morning the water had drained away from the hole, and the channel was quite dry.—Tho case was at this etago adjourned to Thursday next, and the court rose at 6, p.m.