Saturday, December 20, 1862

Wellington Independent, Volume XVII, Issue 1807, 23 December 1862, Page 3

Saturday, December 20, 1862

Mason v. the Superintendent, This was an action brought by W. Mason sen., against the Government, for damages caused by a portion of the roadway, being formed along Wel- ' lington Terrace, having slipped and damaged his premises. The amount of damages claimed was £500. Messrs Izard and Hart for plaintiff, and the Provincial Solicitor for defendant. The case was opened on Tuesday, and adjourned in the afternoon for the jury to view ; the whole of Wednesday was occupied by evidence for the plaintiff; on Thursday Mr Justice Johnston was taken ill, about the middle of the day, as already : reported, and obliged to adjoui-ft 'tlie Court; and on Satttrr day, when the jury reassembled, the remainder of the witnesses for the defendant were examinedi and the verdict given for the plaintiff, .£175.

l whether the Government were or were not respon" . sible for improvements carried on in the town, f under what is generally called tho ". Grant in aid System." Early in the year, a committee was formed, consisting of persons resident on the Terrace, and an amount collected, paid into the Pro- , vincial Treasury, and supplemented by a grant in 'did to the same amount. Tenders were called for, by the Committee, for a portion of the road extending from the' chUrch end to the Bridge, ahd accepted on their behalf by Mr Q. Moore, one of their body. This contract was abandoned,' a fresh notice was advertised by the Committee, and another tender accepted by them. In July last the slip took place, and the damage .was occa- . sioned which gave rise to the present action. The Governmont pleaded its non-liability— the tenders: having been called for and accepted by the Committee; the Grant in Aid, and the services of the Government Engineer in laying out the line, and preparing the specification &c, having been contributed with a view to foster 'tha spirit for improving the town, wherever its inhabi. tants desired to do so. The deoision will necessarily oblige some otber plan to be resorted to in i future.]