DESTROYED FLAX

Evening Post, Volume CXXVII, Issue 92, 20 April 1939, Page 6

DESTROYED FLAX

APPEAL AGAINST NEW TRIAL

;-" An appeal and a cross-appeal against ■ parts of the new, trial order made by Mr. Justice Blair in favour of Sir Kenneth Douglas, against whom a jury has awarded £2750 damages, were brought to the Court of Appeal this afternoon. In the Supreme Court •Percy Higginbottam, a merchant, of Wanganui, and others, executors of the will of David Creighton Martin, late of Lower Hutt, claimed £5000 damages for the destruction of flax by a fire in Whiteman's Valley. It was alleged that Sir Kenneth had started the fire on his own property and that it had spread.

A new trial was later granted on the ground .that the* damages were excessive, the new trial to be limited to the question of damages.

The appeal by Sir Kenneth today was against that part of the order limiting the new trial to the question of damages. The executors cross-appealed against the order in so far as it granted a new''trial on the ground that damages were excessive.

The Court consists of Mr. Justice Ostler, Mr. Justice Smith, and Mr. Justice Fair. .

Mr. F. C. Spratt, with him Mr. W. P. Rollings, is appearing for Sir Kenneth, and Mr. W. El Leicester, with him Mr. T. P. McCarthy, for the executors. ,

The hearing of argument is proceeding.