CLAIM FOR DAMAGES

Otago Daily Times, Issue 23731, 11 February 1939, Page 4

CLAIM FOR DAMAGES

o ACTION AGAINST CORPORATION REMOVED TO COURT OF APPEAL A claim by Irvine and Company, Ltd., against the Dunedin City Corporation for damages amounting to £714 2s 4d was heard in the Supreme Court yesterday before the Chief Justice (Sir Michael Myers). Mr H. Brash appeared for the plaintiff company, and Mr A. N. Haggitt represented the defendants. The statement of claim set out that the plaintiff company was in possession of the basement of premises situated at Nos 469 to 473 Princes street. Between December 24 and December 29, 1937, water escaped from one of the corporation's water mains and entered the plaintiff's premises, causing damage to rabbit skins, wool, and bales to the amount of the claim. For the defence it was admitted that the pipes leaked, but that the corporation was not liable in law for the damage caused by the escape of water unless it was caused by negligence on the corporation's part. In the absence of negligence on the corporation's part it was contended that the statement of claim disclosed no ground for action against the corporation. Evidence was given by James Rough Fairbairn, manager of the plaintiff company, who stated that he wished to reduce the amount of the claim by £2O. Otherwise, the claim was reasonable and correct. To Mr Haggitt witness said that the damage had been assessed by Mr George Turner, the president of the Skin Buyers' Association. At this stage the court was adjourned to chambers, where lengthy legal argument was heard. Mr Brash subsequently moved that the action be removed to the Court of Appeal, to which his Honor agreed.