A BURST MAIN
Goods In Basement Suffer Firm Seeks Redress By Telegraph —Pres? Association WELLINGTON. April 17. A case of particular importance to municipal corporations is before the Appeal Court to-day. it is a claim by Irvine and Co.. Ltd., of Dunedin, against the Mayor, councillors and citizens of Dunedin. Bet*ween December 24 and 29. 1937. water escaped from one of tlie waterpipes belonging to the Dunedin Corporation in Princess Street and invaded the basement, damaging certain goods belonging to the plaintiff company stored in the basement. Proceedings have been issued claiming £694/2/4, the amount of the damage, they were moved, by consent, into the Court of Appeal for argument. In its delence. the corporation while admitting the invasion of water, contended that the pipes from which the water escaped were laid pursuant to the statutory powers conferred upon it and that it was not liable for damage caused by escaped water unless induced by negligence on its part and that no negligence was pleaded against it.
Opening his case. Mr Brash. Dunedin, counsel for the plaintiff, said that in ordinary circumstances any person was liable for damage caused by the escape of water from his land on to the land of another. In England, counsel continued. there was no doubt that the corporation would be liable under the cicumstances before the Court, but in New Zealand there were a number of decisions at variance with the English authorities. The effect of New Zealand authorities was that the word “nuisance” in Section 173 meant a public and not a private nuisance.
Counsel contended that these authorities were wrongly decided and should be overruled. In any event they could be distinguished because the reason given for their being so decided was that in each case compensation was available to the injured person. In the case before the Court compensation was not available and that cut away the ground on which the decisions in question had been made.
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Bibliographic details
Timaru Herald, Volume CXLVI, Issue 21323, 18 April 1939, Page 4
Word Count
326A BURST MAIN Timaru Herald, Volume CXLVI, Issue 21323, 18 April 1939, Page 4
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