COUNTRY SMELLS.

Auckland Star, Volume 55, Issue 136, 10 June 1924, Page 7

COUNTRY SMELLS.

» PIG FARM AS NEIGHBOUR. SETTLER GETS INJUNCTION. Some of the joys of country life were illustrated in a judgment given to-day by Mr. Justice Stringer in a case heard at Hamilton recently, with Frederick Wright as plaintiff and the NeAv Zealand Co-operatiA-e Dairy Co., Ltd., Edwin Smith and Wo. E. Ayres as defendants. Plaintiff is a fanner at Waharoa, where the dairy company has a butter factory and a dried milk factory, and OAvns 00 acres of land adjacent to plaintiff's farm. This GO acres of land is leased by the defendants, Smith and Ayres, Avho conduct a pig farm, carrying from 300 to 750 pigs, fed on buttermilk and skim milk from the company's factories. Plaintiff complained Of the offcnsiA-e smells caused by the operation of the pig farm, aud- claimed damages and an injunction. His Honor, who had visited the locality, stated that the pig farm, as such, AA'as exceptionally well managed, but he Avas compelled from the eA-idencc to hold that a nuisance Avas created. In a farming district a certain amount of discomfort and inconvenience was inseparable from the keeping of animals in the ordinary course of farming. But the congregation of large numbers of pigs in small spaces produced results, unless Aery special precautions were taken, which went beyond what persons living in the vicinity could reasonably be expected to submit to. The altcrna-tiA-e for defendants appeared to be to i distribute the necessary pigs oA-er a Avider area. Plaintiff had established his right to an injunction Avith nominal damages, no actual damages haA-ino-beon proved. Judgment was for plaintiff for £5 damages and costs, and for an injunction. The operation of the injunction AA-as suspended for three months.