BUSH FIRES.

Auckland Star, Volume XXXIX, Issue 129, 30 May 1908, Page 9

BUSH FIRES.

LIABILITY OF SETTLERS. (By Telegraph.—Own Correspondent.) DARGAVTLLE, Friday. Mr. S.M., gave his decision in the case Brown v. Kerr as follows:—"In this action the plaintiff seeks to recover from the defendant the sum of £492 Is. for damages caused to the plaintiff's property at Awakino, on or about February 21, 1908, by fires alleged to have been made by defendant. The parties agreed in -writing, under section 30 of the Magistrate's Court Act, 1593, that the Court should have jurisdiction. There is no doubt that the plaintiffs property was damaged by fire, and to my mind there is no doubt that the fire that caused the principal part of the .damage came from defendant's land. In my opinion the plaintiff's account of the fire is substantially correct. It was proved beyond all doubt that the defendant had lighted fires in his boundary in the early part and about the middle of February, and that the fires had spread on to the plaintiff's land. I find the account of the fire set for the defence unsatisfactory, and I regret to say I must decline to accept it. I have given credit for £23 received for.insurance, and judgment is given for plaintiff for £243, and tosts as per scale." ,