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COLWYN SEWAGE DISPUTEI

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COLWYN SEWAGE DISPUTE APPEAL JUDGMENT RESERVED. In the Court of Appeal, on Friday, the case | of Wm. Horton v. the Oolwyn Bay and Colwyn 1- Urban Council came before the court on appeal by Mr Horton from a judgment of Mr Justice Bigham on a special case submitted to him i by the umpire in an arbitration between the j claimant and the local authority. It appeared that the Urban Council resolved to carry out a system of sewerage under the £ local Act. In 1903 they gave notice to the claimant that, the sewer would pass through ov under certain streets, roads, and lands, of which I he was the reputed owner. The claimant gave notice that he should require compensation, as damage would be done to his land. In 1994 two arbitrators were appointed. They did not make an award, and failed to appoint an um- pire. Therefore, it was agreed to continue the arbiitration and to aqrpoint Mr John Thomas Wood, civil engineer, Cook-street, Liverpool, as umpire. The umpire ultimately awarded the claimant JE871 10s compensation for damage done to the land taken for intercepting and outfall sewers, and JE758 in respect to constructive damage done by the constructing of the pumping sta- tion and reservoir, providing tha.t the claimant should be held to be legally entitled to compen- sation in the latter ease. The question came before Mr Jufit ice Bhr. ham. who decided that the claimant was not entitled to the £7.58, as the worlds complained of were constructed upcal respondents' own land, and no nuisance was complained of. It was against this decision that the claimant, now appealed. The court reserved judgment.

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