APPEAL COURT

Otago Daily Times, Issue 18547, 6 May 1922, Page 4

APPEAL COURT

COMPANY v. CORPORATION. (Pm United Press Association.) WELLINGTON, May 5. Tlite Court of Appeal gave judgment this morning in the case of the Auckland Gas Company r. the City of Auckland. This case .was removed from the Supreme Court to this Court of Appeal for argument. The questions submitted to the court were: (1) Was the company entitled to compensation in respect to the laying of concrete paving in Beach road and Symonds street? (2) Would the company have been entitled to compensation if it had allowed its gas mains to remain in the carriage way of Beach road and Symondfc street when the same were paved with concrete? Separate judgments were delivered by Sir Robert Stout (Chief Justice) and Mr Justice Stringer and Mr Justice Adams. Sir Robesl Stout held that the gas company was entitled to compensation for the laying of concrete if it could be shown before the Compensation Court that the laying of such concrete made it more difficult for the company to get at and repair its mains. Mr Justice Stringer and Mr Justice Adams held that the City Corporation was entitled, without compensating the company, to repair and improve its streets os it thought fit, 'SO long as it did not render it practically impossible for the gas company to get at and repair its mains. In their opinion the gas company had exaggerated its rights. The questions ware therefore, in accordance with the opinion of a majority of the court, answered in favour of the Auckland City Corporation. Each party \vas ordered to pay its own costa, and leave was given to appeal to the Privy Council.