DAMAGE FROM STORMWATER.

Colonist, Volume LX, Issue 14869, 18 September 1918, Page 4

DAMAGE FROM STORMWATER.

(Dnjteh Press AseooiATioN.j

Hamilton, September 14. In'ths Supreme Court to-day Judgment vvas gii'en in the case Forfcesciift --•■ v. the Te Awamutu Borough Co«incil a - claim for £75 for allesred, damages •$ caused by the discharge of storm-water | on, plaintiff's,property in. Te Awamutu j! from a pipe drain along a public road. ?: The druHi W3B ndt constructed by the \ j council, .but existed when the borough '[ i was con&titut'jd. His Honour eaiil '< | that tho plaintiff had failed to establish f ! a cause of notion, as the council had in f [no way interfered with the road nor \ ■ done anything to increase the How of ;; water thiough the pipes, and was un- j ider no legal duty to alter the road. It ; [was, therefore, not guilty.of negligence ; or misfeasance. Plaintiff was nonsuited. : Costs on the lower scale were allowed, ; His Honour remarking that, seeing the ? plaintiff undoubtedly had suifereel j 'daioage. the local body prrfbably would j not enforce them. His Honour added i that thy main question in the case was { very important," particularly to land- : owners and local bodies. The law was I extrpmcly \incertain, and ho v.cniM. bo [ pleased if the ease were taken to tlio \ Court of Appeal and the matter settled \ once for all. ;