PEACE AND QUIET.

Poverty Bay Herald, Volume XXXII, Issue 10303, 10 March 1905, Page 4

PEACE AND QUIET.

WARNER'S v. LYTTELTON TIMES,

An interfiling case has occupied the Supreme Court at, Christchurch for a week nast. Warner's Hotel Company claimed from the- Lyttelton Times Company £1500 andl an injunction to stop the cause of noise and vibration.

In stating the c.'se, Mr Alpers said that the plaintiff company were the proprie-t(;-us of Warner's hotel, and the defendant company were proprietors of the Lyttelton Times and other newspapers. In 1902 the directors of Warner's found it neces. sary to increase the hotel accommodation. They purchased a strip of land adjoining the hotel, and intended to erect a building on it. Mr Luttrell, architect, was instructod ta prepare plans, and did m>. Tenders were called for, but it was- fmiind that the lowest lender wa.s much above what the directors deemed a fair price. The purclia.se was not made, and tho. result of. the .general election m November so discouraged the owners of the hotel that the idea, of purchasing new hind and erecting new buildings was abandoned. Mr Luttrell then approached the Lyttelton Times Company, which also needed increased accommodation. Interviews took place, and a scheme- by Mr Lultivll for the Times Company to erect a building and let the rooms to Warmer's Company was difciia-ed. The representatives of the Lyttelton Times maintained that as the building would be a. 'heavy brick oive the noise and vibration would not be (noticeable. Mr Macdonald, when the building was being erected, apprehended that there would be a real danger from that soured. He had opportunities of judging what the effect of the noise •and vibration would be. Mr Luttrell was still confident, and expressed his belief that when the bnilding was completed the noise and vibration would be reduced. To guard against the possible danger Mr Luttrell advised the Tiimes Company to put m- underground shafting to reduce the noise and vibration, and that was dome. When the building was near com. pletion it became clear that the noise and vibration wouilcl be intolerable, and MaLuttrell and Mr Wilkin expressed disapS ointment at tli© position. Warner's ompany took -posisesskin when the Carnival Week was at hand. The company, however, refused to go into possession or sign tlie lease, as the noise and vibration were .so bad that it was evident that the bedroomis could not be tcnamtable. Ultimately they signed the lease, but Warners Company reserved the right to take legal proceedings. Tlie lease was then signed, and possession was taken, and the lease was a covenant that the lessees should quietly hold and enjoy the rooms. Possession wais taken on November Ist, 1903, and it became clear at on<#- that, the noise and vibration were an .intolerable nuisance, and disturbed the quiet and peace set out m the lease, and the rooms were uninhabitable as rooms. The noise .and vibration caused practically an eviction. Complaints were constantly made by visitors, and guests left the hotel on that account. The evidence wou-ld show that the rooms were uninhabitable, and that tlie hotel had suffered m consequence. There was no doubt at all m regard to tho noise and nuisance caused by the machinery. Complaints had 'been made from time of entering into occupation until tlie present time. Tlue Lyttelton Times Company was communicated with, and it was then informed tliat an acliion would be commenced. Warner's therefore claimed that it had a right to the abatement of the nuisance on ;ua ad. joining freehold ; and the Times Company should have given the rooms m fit and proper condition for the purpose for whiqh they were needed ; and that the Times Company contracted with Warner's to give the rooms so that they could be quietly held and enjoyed. Subsequently to Warner's taking jxissession, the Times Company had added to its machinery. It supplied electric light to the Theatre Royal and Warner's. Its boiler power had been increased fourfold, and its en-gine-power threefold. The Times Company leased to Warner's sleeping-rooms, but'they could not be slept m; it undertook that the rooms should be enjoyed quietly and peacefully, but they were not quiet,* and were very far from being peace-

A great amount of evidence has been taken.