CLAIM FOR DAMAGES
STOCK INJURED BY WATER JUDGMENT FOR DEFENDANTS Reserved judgment in favour of the defendants was delivered by the magistrate (Mr J. R. Bartholomew, S.M.) in the claim for damages made by Rutherford's, Ltd., against W. Harris and Son, Ltd. The plaintiffs, who were represented by Mr R. C. Rutherford, claimed £204 for damages alleged to have been caused to their stock by the overflowing of water from the defendant's premises. The defendants were represented by Mr E. J. Anderson.
. The magistrate in his judgment said that the plaintiffs occupied the first floor and the defendants the second floor of Jamieson's buildings. The evidence showed that water had dripped through the ceiling to the floor below during the week-end, but the position on Monday morning was that the water was drying up. The tap in the wash-hand basin in the defendant's premises was still running, but the water was escaping down the pipe. The blockage which the plumber Bolton spoke of in the to the lavatory was obviously at this time only a partial blockage and could not account for the flooding, as there was sufticient escape for the water from the pipe. The overflow could only be accounted for by the blockage of a temporary nature, which had released itself before the Monday morning, but it could not be determined where the blockage had occurred. The defendants had an up-to-date wash basin which had been installed for some 15 months and which they had no reason to believe was not functioning properly. The tap had been leaking for some weeks, but this leak was amply coped with by the escape pipe. No damage would have been done but for the blockage in the pipe outside the defendant's warehouse, and the defendants had no reason to anticipate or guard against this contingency, and their failure to do so could not be imputed to be negligence causing the damage complained of. Judgment was therefore given for the defendants, the matter or costs being held over in the meantime.
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Bibliographic details
Otago Daily Times, Issue 22823, 6 March 1936, Page 2
Word Count
339CLAIM FOR DAMAGES Otago Daily Times, Issue 22823, 6 March 1936, Page 2
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