SUPREME COURT.

Dominion, Volume 6, Issue 1617, 7 December 1912, Page 3

SUPREME COURT.

NEIGHBOURING LAND OWNERS IN COURT.. ■ Whether or not- a deposit of earth against a..stable wall constituted a trespass or a nuisance was the question involved in a civil action -heard in the Supreme Court before Mr; Justice Sim yesterday. - The parties wore Harry Bennett , Kenuerley, settler, of Wellington, plaiiititf,' and Louisa' Jane S-eddon, widow, of Wellington, defendant. Mr. r E. K. ICirkcaldie appeared for the plaintiff, while' Mr. D: M.' Findlay ap- : peared' fori,the defendant. . / In the statement' of claim, it waa set out that KenherLey, since Juno 25, 1895, had beon the owner of two adjoining sections of land in Molesivortli Street and had erected a stable thereon. Mrs. Seddon was.- th« owner of tho property at the rear of these sections. Sho, or her predecessors in titles, had deposited large quantities of earth, etc., against the wall of Kennerley's stable, and had raised the surface of her land above .-the natural level. She' had used tho western portion of the wall of the stable as d retainiiug wall (it was alleged(, and had caused great weight to be thrown against it. This'had weakened the structure, causing it to leak- and admit water. Moreover, the embankment collected water and , diverted it from Mrs. Seddon's land to the land' of the plaintiff. As a result of this, the western portion of the stable had been flooded in July, 1907, soon after .the earth had been deposited, in July, 1911, in July, 1912, and. on several occasions between July, 1907, and July, 1911. ICennerley claimed that in depositing the earth against his stablo wall, .Mrs. Seddon, or hor predecessors in title, had been guilty of a trespass, or, in the alternative, a nuisance. He therefore sued for. JC2S as damages, and asked the Court to grant an injunction restraining the defendant (Mrs. Seddon) from continuing tho alleged trespass or nuisance. By way of defence, Mrs. Seddon furnished a general denial to tho allegations in the statement of claim. If earth hnd been deposited against the wall of . tho stable, than, she said, this had been iacnuiesced in by Kennerley. . Eengthy evidence was called in support ■of the plaintiff's case, and the hearing had not concluded at 4.20 p.m., when the Court adjourned until Monday morning. . DIVORCE CAUSES. In the, Supreme Court yesterday morning, Mr, Justice Sim heard a petition in divorce in which Hutih Dalrvmple Wilson prayed for dissolution of his marriaste with Susan Wilson. The gro'ind of the petition was desertion arid misconduct with one Burke. His Honour, after hearing the evidence, granted tho decree nisi on the ground of desertion. Mr. T. M. Wilford appeared for the petitioner. -