A CLAIM SETTLED.

Evening Post, Volume LXXX, Issue 113, 9 November 1910, Page 2

A CLAIM SETTLED.

A settlement has been arrived at in connection with the Island Bay case, May Ethel Pagni v. John William CoU lins, John Clayden, and Charles Mumme. Plaintiff stated that her property was injured through spoil being placed upon it, and she claimed ~£IQO damages and -SIOO for trespass. The case was adjourned until to*day to giv« one of the defendants au opportunity, of removing the spoil. In explaining the position to his Honour the ChisE Justice this morning, Mr. E. C. Levvey, who appeared for plaintiff, stated thai the land was practically as it was bo.fore, and that he was satisfied. His Honour : Then it is only a ques* lion of nominal damages for trespass and costs. I don't think you are ©a* titled to Supreme Court costs, as tho case might have been settled by a magistrate. * Mr. P. J. O'Regan (who represented Collins) said that that was his contention. Mr. Levvey submitted that he could not get an order for the removal of the spoil in the lower court. Mr. F. B, Pethenck contended, on behalf of Clayden, that Magistrate's Court costs were all that should be allowed. His Honour said that Mr. Justice Cooper had allowed £2 2s costs against Collins on the interrogatories and £1 Is against Olayden for joining the other defendants. He was bound by that. Judgment would be for 20s damages against Collins and 20s against Clayden and Mumme. Plaintiff would be allowed £2 2s costs against Collins ahd £3 3s against the others. Half of witnesses 1 expenses and disbursements are to be paid by Collins, and the other nali by Clayden and Mumme.