DISPUTE OVER DRAINS.

Hawera Star, Volume XLVI, 23 August 1926, Page 9

DISPUTE OVER DRAINS.

FARMER CLAIAIS DAMAGES

CASE REFERRED TO .ARBITRATION. (BY TELEGRAPH PRESS ASSOCIATION.) PALAIERSTON N., Aug. 23. An action commenced at the Supreme Court this morning between Frederick Spencer Eas-ton, of Foxton, and the Moutoa, Drainage Board, the plaintiff claiming £IOOO as damages and a writ of mandamus, or a writ of injunction, -for the purpose" of compelling the hoard to properly clear and maintain several drams draining plaintiff Is landi; that the. hoard 1 lie restrained from deepening the Kuru Kuril drain liefore maintaining in a proper order other drains, or so deepening the Kuru Kuru drain as to flood plaintiff’s land. The plaintiff alleges that- owing to the flooding of his; land lie had suffered great loss, was unable to graze cattle or sheep, and his licensees were unable to cut flax. The defendant board says that the drains were properly cleaned at the proper time each year; that the flooding wa.s not caused by the hoard’s actions, which were in conformity with statute authority.

After counsel’s opening address, his Honour, Mr Macgregor, said that it seemed to him that the. matter could be settled in a day by an expert engineer, -who .go out, a peer tain the nature of the damage, if any, how caused 1 and the effect. The arbitrator could report to the court. The case was then adjourned to enable an hrbtirator to be appointed.