CLAIM AGAINST BUILDERS

Otago Daily Times, Issue 23940, 16 October 1939, Page 4

CLAIM AGAINST BUILDERS

FAULTY WORKMANSHIP ALLEGED ACTION FOR DAMAGES FAILS In the Magistrate’s Court on Saturday Mr H. J. Dixon, S.M., completed the hearing of a claim for damages amounting to £75, brought against the Love Construction Company by George Frye,, garage proprietor of Alexandra. Mr R. D. Jamieson (Ranfurly) appeared for the plaintiff, and the defendant company was represented by Mr E. J. Anderson. For the plaintiff it was stated that in May and June, 1937, the defendant company was employed by the plaintiff to carry out alterations and additions to his garage, the work involving the laying down of a concrete floor and the hanging of roller doors. As a result, it was alleged, of unskilful and negligent workmanship, the floor had cracked and disintegrated, and the door had suffered damage through being impropertly hung. Evidence in support of the claim was tendered by Eric Scheib, a builder, who stated that he considered expansion ioihts should have been put in when ithe floor was laid. In his opinion, the condition of the floor would become worse. For the defendant company, James Yeoman Love, a director of the firm, gave evidence in the course of which he stated that expansion joints were more or less of a new fad, and as a result of wide experience with many extensive concrete floors, the company had adopted the policy of not inserting expansion joints inside a building. In witness’s opinion there was no evidence of faulty workmanship. The defects in the door and the floor were due to rough handling. After corroborative evidence had been given by John McCormack, David Alexander Marr, and Frank Stunner, counsel addressed the court, and his Worship, holding that negligence had not been proved, gave judgment for the defendant, with costs (£9 2s).