SUPREME COURT.

Press, Volume XLIII, Issue 6491, 13 July 1886, Page 3

SUPREME COURT.

SITTINGS AT NISI PRIVB. MONDAT, JOXT 12. [Before his Honor Mr Justice Johnston and a Jury of Four.] 80—BNSSN V WHITS. Mr Byrne appeared for the plaintiff, and Mr Harper for the defendant. All witnesses were ordered out of Court. In this case, the plaintiff, Peter Sorensen; claimed 4477 damages, whioh he alleged be had sustained by a fire which the defendant, H. White, lit, or caused to be lit, at Little Biver on the 18th November, 1885. The statement of defence denied all the allegations. ■ , The plaintiff stated that he occupied section 4268, Little Elver, and used 65 acres for cocksfoot grass and some for grazing; He bad made money out of the timber on it. In November/1885, he had 45 acres in cocksfoot grass, and decree were used by the cattle. - On the 18th November about eleven o'ojock be saw smoke on White's' land. He and his wife attempted to get up to it, but could not do aoon account of the heavy smoke, whioh was blown by a no-'-eaaterly wind. Three days before the fire the defendant stated that his bush was being cut down for burning in November, and witness told him that if he did so he would do a lot of harm to his neighbors. He added that he might leave it tidarter grass seed, but he tai_ he intended to burn it, any way. Ihe fire spread over 26 aoreß of the grass seed of plaint—t en that day, on which he, with assist—nee, succeeded in preventing it then destroying any more grass seed. Several oh—_s of fencing, were destroyed. The yield would have been about 3*' bags of. 901b each per acre. Only 10"b»ga were saved,. of which number he sola nine. Witness then proceeded to make up his list of damages. The Are continued on wit—sea's land np to the 6th January. Ie was smouldering in old roots, and could only be extinguished by a good rain. Witness a_ed defend—it for compensation, but could get none. He expressed his sorrow, and would see his father about tbe matter, and would let plaintiff know, but had failed to do so. On the 6tn January the fire again started on White's place, and destroyed the rest of plaintiff's grass, less ten bags. The remainder of the fencing, 51 chains was burnt;, as well as four dozen fruit trees. The witnesses called by Mr Byrne in support ot his case were tbe plaintiff, Messrs J. Watkine, 8. HarrUv James Beynolds, Edward Chapman, Thomas Ncrman, M. Keenan and Mrs McCann. This closed the case tor the plaintiff. Mr Harper opened the ca*e for tho | defence, and stated that be intended to prove that Mr White had nothing whatever to do with the lighting of the fires, nor bad any one in b*s employ done so. The defendant Henry White was then called, and partially examined by Mr Harper. a The Court adjourned'at 430 p.m. till 10 am. to-day;