OWNERSHIP OF SUNSHINE

Gisborne Times, Volume XXV, Issue 2166, 23 August 1907, Page 2

OWNERSHIP OF SUNSHINE

A QUESTION OF INDIVIDUAL

RIGHTS. Press Association. AUCKLAND, August 22. In the Supreme Court to-day Sarah Selina Westney, of Opotiki, sued Francis J. Hahn, of Auckland, for an injunction, or £2OO damages. Tilt case was _ a somewhat unusual one. Plaintiff is the owner of an allotment in Auckland, on which is erected a dwelling with windows on the southern side. Defendant, who owns the adjoiniiig allotment, erected a wall, and it i 6 claimed that this wall has obstructed or diminished the light entering the dwelling, which light had been enjoyed by plaintiff for the past 40 years, thus rendering it dark and less fit for habitation- Plaintiff claims that the value of the property lias accordingly been diminished, and seeks an injunction to restrain defendant from continuance of the obstruction or an injunction compelling defendant to have the wall- pulled down or so altered in construction as not to interfere with the free access o.f light; or in the alternative £2OO damages. Defendant denies that the wall obstructs or diminishes the light. After considerable evidence Mr. Barnford applied for a nonsuit upon the ground that plaintiff had failed to prove her right to access and use of light, and the case was adjourned for argument on the points raised.