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Cooper v Bertelsen And Rasmussen - (1910) 30 NZLR 1057

$30.00

High Court Wellington
14, 15 September; 19- 23 September 1910

High Court Wellington
26 September; 19 November 1910
Cooper J
Court of Appeal Wellington
28 April; 1 May; 26 July 1911
Stout CJ, Williams J, Edwards J, Cooper J
Landlord and Tenant — Lease of Farm — Land connected with Drainage System constructed by Lessor discharging into River — Stuice-gates for Prevention of Flooding from River — Not on Leased Property — Dextroyed by Floods — Substitution, of other S uice-gaves — Finding by Jury, substituted Sluice-gates inefficient — Flooding from River — Damage to Leased Land by Silt — No Covenant by Lessor to maintain or repair the Sluice-gates — Liability of lessor — Nuisance — Derogation from Grant — Covenant for Quiet Enjoyment — The Land Transfer Act, 1908.

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