INTERESTING LAWSUIT.
Per Press Association,; Invercargill, last night,
At the Supreme Court the action Shands 1 Trustees v. Bex, claiming £1250 for damage to land by the action of the Railway Department in moving protective gravel from the river bank for ballasting, and thus flooding suppliants’ land, was concluded to-day, the jury finding for suppliants for £IOO for loss on last year’s crops, and £6OO general damages to the land. During the hearing a point was raised for the defence, namely that as the act of opening the gravel pit was a public work authorised by statute the only remedy for damage sustained was compensation under the Public Works Act, 1894, and the Government Railway Act, 1900, and not under the Crown Suits Act, 1881, where statutory power is given to do anything. It was contended that no action at law arises. His Honor reserved the point, which will be argued in Dunedin.
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Gisborne Times, Volume IX, Issue 838, 12 March 1903, Page 3
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153INTERESTING LAWSUIT. Gisborne Times, Volume IX, Issue 838, 12 March 1903, Page 3
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