CLAIM FOR DAMAGES

Greymouth Evening Star, 23 September 1946, Page 4

CLAIM FOR DAMAGES

TENANT COMPENSATED FOR LANDLADY’S ACTION UNUSUAL CIRCUMSTANCES Relations between the owner of a house in Tainui street and her tenant in the two front rooms were not improved when the two appeared at a civil sitting of the Magistiaves Court at Greymouth this morning. The tenant claimed damages. Several of the verbal exchanges led the Magistrate, Mr. A. A. McLachlan to comment that both were rather fortunate in being fairly deaf. The claim for £47/17/2 damages was made by Emily Florence Absalom (Mr. C. R. McGinley) and the defendant was Mary Mclntyre (Mr. A. M. Jamieson). Mr. Jamieson stated that the defendant admitted having cut off the gas and light from-the two front rooms, and Mr. McGinley suggested that it was a case where the landlady had used her persuasive powers to get into the house and then had used her abusive powers to get the real tenant out. The plaintiff said that she had been the tenant of the house for some time, paying £ 1 a week. In June of last year the dwelling had been sold to the defendant who had then allowed the witness to occupy the two front rooms. She paid 15/a week to cover the rooms, the light and the. use of. the conveniences. Incidents Commence. “She was not in the house very long before she began complaining and making trouble,” continued the witness, who claimed that for 11 months she had had to cook her meals over an open fire because she suspected that her food when on the stove had been tampered with. She added that the dividing door had been locked and she had been unable to use the conveniences, and as a result had to send her washing to a laundry. The light had been cut off and the cost of the laundry and the candles was sought as damages. She had not intended to take action, but had become enraged as a result of “nasty” notes thrust under her door by the defendant after an agreement been reached. She had not been able to obtain other lodgings and the defendant was trying to get her out. “I would not argue with her,” continued witness, “but she struck me across the face one day after an argument. The whole family keeps banging doors and annoying me and I would not stay there another minute if I had another place. The defendant spoiled my last Christmas, and I will be out by the end of this year.” “You’re dreaming of a black Christmas then,” commented Mr. McLachlan.

Witness admitted that £l4 was owing in rent, but added that the defendant had refused to accept payment. Evidence of Defendant. Giving evidence, the defendant denied tampering with the plaintiff’s food and declared - that she was astounded that such an accusation should be made. She stated that when she had bought the house Mrs. Absalom had told her a pitiful tale, as a result of which she had allowed her the use of the front rooms and conveniences. She had not hindered the woman in any way and the plaintiff could have done her washing at the house. She had sent her- washing to the laundry for a long time. Witness wanted the house for her own family and had had to turn her sitting-room into a bedroom for her daughter. That was why she could not have the plaintiff and her family running in and out. She admitted that she was wrong in cutting off the light. Mr. Jamieson: Did you strike Mrs. Absalom? Witness: That is another false statement. It was she who' struck me on the face. She has a habit of using her hands. “The evidence is certainly conflicting, but this statement sort of neutralises things,” said the Magistrate. “I hope you two hit it off when you get home,” he added. He entered judgment for the plaintiff for £lO general damages and £2/17/2 special damages, costs amounting to £ 1 10/-, and solicitor’s fee £2/12/-. “It is to be hoped that the parties settle down and do not have to appear in the other department of the court,” he concluded. , j Civil Claims. In the following claims, judgment was. given for the plaintiff by default: Dispatch Foundry v. William Benjaman Williams, £7B/19/7, £2 costs and £2/19/- solicitor’s fee; Grey County Council v. Violet Young, £9 12/10; costs 16/-, and solicitor’s fee 15/6; Grey County Council v. William Ellsmore, £4/10/9, costs 12/-, solicitor’s fee 15/6. After the evidence of the defendant, Mrs. F. Gearskowski, had been heard, the. Magistrate declined

to make an order for the payment of a debt of £25 to F. Hayes, but intimated to the defendant that she was to make payments where possible.