DAMAGES REDUCED
MAGISTRATE’S JUDGMENT UPSET An award of £ls compensation for damage to a drain on private property at Manurewa, made by Mr. F. H. Devien, S.M., to the land owner, against the Manurewa Town Board, was upset by Mr. Justice Herdman in the Supreme Court today on appeal by the board. Following the lowering of the levels of the Great South Road, on to which the properties fronted, Mrs. E. Blaxvfied, the owner, claimed compensation for injurious effect to the land. The claim was settled by the hoard entering into an agreement under which the board undertook to construct car-riage-ways to give access to the sections. During the course of the work an old drain on the property was cut through. and £ls was awarded to Mrs. Blainfied as damages. In the course of his judgment his honour said that he could not see that the magistrate had any authority to award compensation for damage to the drain, which was obsolete and worthless. Apart from this no claim had been made for interference with drainage under the agreement. He therefore allowed the appeal, remittiug the ease to the magistrate for deduction of £ls of the total amount awarded. Costs, £5 5s were allowed to the appellant.
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Bibliographic details
Sun (Auckland), Volume III, Issue 673, 27 May 1929, Page 14
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207DAMAGES REDUCED Sun (Auckland), Volume III, Issue 673, 27 May 1929, Page 14
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