SETTLING THE ARGUMENT.

Auckland Star, Volume LVII, Issue 199, 23 August 1926, Page 6

SETTLING THE ARGUMENT.

SETTLER V. DRAINAGE BOARD. JUDGE'S SENSIBLE SUGGESTION. (By Telegraph.—Press Association.) PALMERSTON NORTH, this day. An action commenced in the Supreme Court this morning between Frederick Spencer Easton, of Foxton, and the Moutoa Drainage Board. Plaintiff claimed £1000 damages and a writ of mandamus, or a writ of injunction for the purpose of compelling the board to properly clear and maintain several drains wrich are draining plaintiff's land, restraining it from deepening the Kurukuru drain before maintaining in proper order the other drains, or from so deepening the Kurukuru drain as to flood the plaintiff's land. ■ Plaintiff alleges that, owing to the flooding of his land, he suffered great loss, was unable to graze cattle or sheep, and that his licensees were unable to cut flax. The defendant board saya that the drains were properly cleaned at the proper time each year, and that the flooding was not caused by the board's action, which, it claims, is in conformity with statutory authority-

After counsel's opening address, Mr. Justice MacGregor said it seemed to him a matter that could be settled in a day by an expert engineer, who could go out, ascertain the nature of the damage, if any, how caused, and its effect, and the arbitrator could report to the Court.

The Court then adjourned to enable an arbitrator to be appointed.