CLUTHA COUNTY v. SAWMILLERS.

Otago Witness, Issue 3828, 26 July 1927, Page 16

CLUTHA COUNTY v. SAWMILLERS.

CLAIM FOR DAMAGE TO ROAD. BALCLUTHA, July 21. Great interest was taken throughout ths Catline district in a case that came before? Mr 11. J. Dixon, S.M., at Balclutha ves, terday. The case was one in which Arthur Wilson and Charles S. Tyson.

eawmillers, of Tawanui, trading as Tyson and Wilson, were proceeded against by the Clutha County Council, on the iris formation of G. S. Gould, county engineer, to recover the sum of £905 on account of damage to a road caused by the extra* ordinary traffic carried on by the defend* ants.

Mr G. J. Kelly appeared for the county and Mr C. J. L. White (Dunedin) for the defendants. There were no fewer than 18 witnesses for the defence, and The case occupied the magistrate for five hours and a-half, and in the end he re* served his judgment, after suggesting a compromise.

The body of the court was occupied by bush dwellers, whose sympathies appeared to be with the defendants, and when a point was scored in the latter’s favour the audience manifested its approval by loud applause that *vas soon suppressed. Mr Kelly, in opening, said the road where the damage w-as done was at Tawanui, leading to the railway station, and was known as Catlins Valley road. The action was laid under section 150 of the Public Works Act, and it w-as not necessary that the council should have expended the amount claimed for on the road in repairs before recovering it. Defendants, it was admitted, had made some repairs to the road, but. not enough, and there was no doubt it was the heavy motor lorry traffic carried on by them that had damaged the road. Their lorry was licensed by the county to carry a threeton load, and, with the weight of the vehicle itself, there would be a load of 5 tons 2cwt passin_ over th? road. The lorry was usually loaded with from 1200 ft to 1500 ft of sawn timber. The council was principally concerned with getting a bond from the sawmillers to upkeep the road.

After very lengthy evidence had been heard, His Worship intimated that lie would reserve his judgment. Ho further made a suggestion that the matter should come before the County Council again, before the judgment was delivered, as there was very little between the parties. Mr White asked to lie advised when the judgment would be delivered, as his instructions were to appeal if the judgment was unfavourable to his clients. Air Kelly stated that if the defendants would enter into a satisfactory bond to repair and maintain the road he was satisfied the council would accept it.