Cumine & Milne Before his Honour Judge Grain, in H. M. Supreme Court on Monday, Mrs. L. E. Freeman brought an action, in which gross negligence was alleged, against Messrs. Cumine & Milne, architects and surveyors, for Tls. 6,100. Plaintiff claims that the defendants, when employed by her to design and construct a house off Route de Say Zoong, failed to make the usual surveys, as a consequence of which part of the house was erected on the roadway. also alleging that they used inferior and improper materials, and proved unable to complete the building on March 20, 1922, whereky plaintiff lost the use and cupation of the premises. The defendants plead justification for being unable complete the to residence. It was true_ that an official =of the French Municipal Council gave directions for the removal of the building where it encroached on the roadway. This course became _necessary because at the outset defendants were unable to see plaintifis title deeds in order to check dares. Otherwise, the contractors did not make any of the other alleged alterations in the plans.
Mr. N. H. Langley Smith appeared for the plaintiff and Mr A_E. Seddon for the defendants.
Mr. Langley Smith said that in May last year plaintiff and her husband approached the defend ants with a view to their erecting a. house on a plot of land off Route de Say Zoong. Defendants thereupon submitted certain plans which were no' approved by the plaintiff, who said she wanted rooms of a larger size. Other plans were subsequently prepared and passed after certain alterations were made. Building was commenced on December 31. After a time it was found that there had been an encroachment on the municipal road. This would be the main point in the dispute. The contractor nevertheless, went on with the building operations and it was only after the French. Municipal Council bad threatened to send the police to the scene that an altcration was made.
Defendants acted with gross professional negligence,"" said counsel, "as well as gross incom-potence. This is a very serious charge to bring against them but" particular fact entitles one te charge them thus. They failed to apply to the French Municipal Council for a road line, which is cone of the essential requirements in filling up the necessary budding permit issed by the Cruncil. Even cif they had had the title deeds had no exact idea as to where the house was to be built in relation to the line of the roadway."
The contract provided for the house to be erected last- March, counsel continued. Already three months had been lost and prob-
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