FIRE AMONG FLAX

Dominion, Volume 31, Issue 206, 28 May 1938, Page 4

FIRE AMONG FLAX

Evidence For Defence In

£5OOO Claim

QUESTION OF VALUE OF

PLANTS

Evidence to combat-the clttini for £5OOO damages brought by the Wellington Flax Company agaihst Sir Kennetn Douglas was heard yesterday by Mr. Justice Blair and a jury in Supreme Court at Wellington. The action arises from a fire which destroyed a larg» area of flax at Mangaroa in November, plaintiffs alleging that Sir Kenneth, who owns an adjoining property, was responsible for the fire. The court sat at night so that the hearing of evidence could be concluded yesterday. There will be no sitting today. Counsel will address the jury on Monday morning. Yesterday was the fourth day of the hearing. Opening the case for defendant. Mr. F. C. Spratt said the broad issues were whether Sir Kenneth Douglas lit the fire that caused the damage, and, if so, what the drainage was. He had a witness who would give a complete story of the fire from end to end. His Honour had pointed out the difference between ‘a” fire and “the” fire. There had been a fire which Sir Kenneth Douglas had always admitted he had lit and had always contended he had put out. There was no connection between that fire and the one about which all the controversy in the case had raged. In defendant’s view there were two fires, at least. Several other fires occurred in the dry period in which the events being reviewed occurred. Defendant contended that no real loss had been suffered by the company, said Mr, Spratt. A few chains of fence might have been destroyed, but a fou T or five-day ease was not being fought over that alone. The real question was the value of the flax. If the jury found that it was so low that no real loss had been suffered by the company, the question of who lit the fire would not be of practical interest. Mr. W. E. Leicester is appearing for plaintiffs.