SUPREME COURT.

Lyttelton Times, Volume LXI, Issue 7222, 23 April 1884, Page 3

SUPREME COURT.

CIVIL BITNQS. Tuesday, Ai’Jin, 22, (Before Hia Honor Mr Justice Johnston and a jury of four.) WHIOHT V. CHRIBTOKCnCH DRAINAGE BOARD. Mr Harper for plaintiff ; Mr. Garrick for tho defendants, This cage was resumed at 10.30 a.m. The foreman informed the Court that the jury had soon the ground. Edwin Blake continued his evidence, describing in detail tho drains in the locality, referring largely to tho map. Reckoned that the lose bn the wheat crop was ,£2OO, but the worst damage was probably caused by the dirty condition of the land from weeds. It would have to bo summer-fallowed.

Cross-examined : Knew tho country 20 years ago. It was all swamp, and was known as tho “ Papnnui swamp.” The swamp would subside upon being drained. Tho land would settle to tho extent of the water that camo out of it. Know that the Rangiora main drain had caused a shrinkage of six feet. A portion of plaintiff’s land is below the surface of the water in the drain. The drain was about fifteen inches deep in water yesterday; and the water from the land might now run into it Tho flood appeared to have been about 2ft Gin deep over the lowJying land. Tho water never should have been carried down there, and it would never be any better so long as it goes there. Deepening, widening, straightening, and patting the drains generally in g©9d condition would improve the taking away from Kruse’s drain. The plaintiff’s ground, would have drained itself if no drains had been cut, beyond a simple hedge drain. Estimated the wheat at 3s a bushel, allowing it to be worth 3s 3d. Tho cartage to Christchurch would be 2d a bushel. Deepening and widening the lower drains would bring the water down faster, and cause a greater block in the drains running into them from above.

Diedrich Kruse, farmer at Papanui for 22 years: Farmed 220 acres. Remembered plaintiff’s land being flooded in July last. The water never went away. Another flood came in August, and another in September. The land remained flooded the whole time. Witness’ land was flooded during the same time. The water came from the North road. The first culvert put iu there was by the Road Board. It was 4ft square. The Drainage Board enlarged it twice, the first time doubling the size, and then making it still larger. This last was about two .years ago. The culver; was now three times as large as at first. Kruse’s drain was in some places 14ft, in some 12ft, and in some Bft wide. Witness gave the Drainage Board the land for nothing, on condition they gave him an outlet. After the widening the difference was very great, and the drain brought down much more water and a much greater rush. The Drainage Board made Daniell’s drain in 1877. From Kruse’s drain to Preston’s road there was merely a ditch. Had an embankment three feet high, and that the water went over every year lately. When Kruse’s drain was first made by the Road Board, the land was all dry. Before the drain was made the land was swamp. The main drain between plaintiff’s and witness’ land was made fourteen or fifteen years ago. Cultivated his land then and got 85 bushels to the acre. Could not cultivate it now. Cultivated for five or six years and then grassed it down. Noticed no sinking of the land, which, however, might have sunk an inch or two. The water should go through Preston’s drain, which is in a wretched state. Recollected plaintiff putting his crop in in July. Witness was frightened to sow, knowing his land would he flooded. Had given the Drainage Board notice every year. Took Mr Bell up to sea' the land three years ago, and that gentleman could not find a plough, for the water. Mr Bell and the Drainage Board Works Committee said if witness gave the land he would have no more trouble from floods. Had seen worse floods in former years, but the water did not remain on the ground so long. Plaintiff might have lost .£IOOO by injury to cattle, loss of crops, and growth of weeds and rubbish. The crop in the low ground was not worth harvesting. Paid £37 drainage rates, and the Board damaged his land .£3OO every year. Cross-examined: Since the Board opened and widened the culverts the injury has been the same every year. The Board forced themselves through witness’ land, without his consent, in 1877. In the district 149 artesian wells drain into the culvert in the North road. The drain at Preston’s road, if kept open, would relieve plaintiff. Thomas Gordon, Secretary to the Board: The corporate name of the Board was “ The Christchurch Drainage Board.” The Avon district was in the jurisdiction of the Board ; at least, all the drains mentioned were. The Board came into existence in 1875. Produced the Drainage Board maps showing the drainage of the district. On June 8 the contract for widening Kruse’s drain, &c., was let. The land was taken from Mr Kruse under the Board’s powers, and no compensation was given. A drain was simply deepened and widened. John Wright, the plaintiff: Had_ occupied section 1134 of the Avon district for two years. Had a seven years’ lease, at £3 an acre, .£450 a year. Mr Homer was the freeholder. In July last sowed 40 acres in wheat. The land was dry enough, and not flooded. The crop went in very well, like into a garden. About the end of July some storms came, and the water began to come over. Took every precaution to keep the water off. Wrote to the Board on August 2. The witness described the condition of his land when flooded, and ever since. Cross-examined: It would he absolutely necessary to make some fresh outlet for carrying off the water in flood time such as we have had. The present outlet would be sufficient if kept open. There is no outlet now. If the drain were widened from Winter’s road, it would take the water from Kruse’s drain. The same remark would apply to Preston’s road. Had not sustained serious loss before last June. About an acre or so would be covered. It was represented to witness that the Drainage Board were going to arrange for taking the water off. Estimated the loss at .£6 per acre. The herbage paddocks were about 43 acres. Tho cattle were entirely out of them for a fortnight. Lost the herbage of one paddock until it was again broken up. Had lost £IOO in cattle by their being on the wet grass. They did not produce half the quantity of goods, and lost flesh. Could get no feed in the neighbourhood, though ho offered double price. When witness claimed £IOO, tho consequences had only just begun. John Borghfield, farmer at Papanui, gave confirmatory evidence. . James Andrews, farmer, living near Kaiapoii Went over plaintiff’s land in July or August, and at other times. The wheat was going into the land as ''veil as it possibly could. The witness gave further corroborative evidence. Estimated plaintiff’s loss on tho wheat at_ £«O6 ss. Tho loss on tho land for ploughing, harrowing, and weeding would bo £i_ an acre. The land wonted a fallow to bring it into condition. Tho land is valuable, and worth £3 an acre rent per annum. The grass land had been lost for the season, and the cattle had boon seriously , Ba S?" ing and being trodden. Estimated the loss on tho arable land at_ £l5O. __ James Johns, farmer at the Stjx. Knew plaintiff’s land for years. Ibo witness gave corroborative evidence. B Edward Dobson, Member of the Institute of Engineers, and formerly Colonial Was engaged in 1856 m draining Papnnui. The witness described the condition of tho locality now occupied by Era Kruse and Wright. It was all a shallow swamp, and a lagoon fringed by a (taupe awamp. Carried Hie drainage of

Papanui to a point a little above Erase's house, whore Kruso'a drain stands. In walked through the lagoon from whore Wright a houuo now is to discover whether the swamp was on peat or firm ground, ns on that depended whether it was worth while for the Government to spend money in drainage. Found it was not peat, but a firm bottom. The deepest water was at ten chains from Wright's house, where it was about three foot. Everywhere else it was not up to the knees, so that practically it was level ground, and a pond with a flat bottom. On the west side the ground rises very rapidly towards the North road. Intended to ultimately drain by an outlet at the south-east corner, in the direction the drainage now takes. After the constitution of IRoad Boards, the works were handed over to the Road Boards, and witness had nothing more y to do with the drainage, and had seen none of the drains till/last Saturday. Pound that a creek crossing Preston’s road (old Dudley creek) had been stoj)ped up at the road, and the water diverted by Darnell's drain into the middle of the old low basin, now Wright’s drain. Pound Dowall’s drain cut into the continuation of Kruse’s drain, and Kruse’s drain greatly enlarged and carried on to the boundary of Wright’s land, also the main drain at the western boundary of Wright’s land, which is continued to Dudley’s creek, and has ‘another outlet into Buller’s drain. Pound that the main drain was not in the lowest part of Wright’s land, so that if the drain overflows the water will get into Wright’s paddock and not get out again. Pound that from Preston’s road to Kruse’s drain water had no motion. From junction of Kruse’s drain to Winter's road, just sufficient fall to cause water to move. Below Winter's road there is quite sufficient fall, provided the drains are kept open. Found that so long as the water was allowed to come down Daniell’s and Kruse’s drains, it would be impossible in wet seasons to keep Wright’s land from being flooded. The simple way would be to take the water down Daniell's road to Winter’s road; to stop Kruse’s drain at the point witness originally left it, and to cany it in a south-easterly direction either to or beyond Winter’s road, and to turn the creek at the back of the Papanui Township from going into Kruse's drain at all. If the North road water were stopped, in this way, from coming into the main drain, there would he no difficulty in keeping plaintiff’s land perfectly dry. The existing drains and outlets would drain plaintiff’s land. The ground is so light that if not waterlogged it would absorb any amount of rainfall. The operation of the present system is sending the land back to its former state. Did not think that the drainage could conveniently be taken to the Styx. The work could be done as witness suggested at very small expense. AH right angles were a great obstruction to the flow, and should never be allowed. The Eangiora swamp was a peat swamp, and sank about seven feet.

Cross-examined: Objected to the North road water being brought on to Kruse and Wright’s land. There was no natural watercourse where Kruse’s drain is. Did not believe that any natural creek or drain ran on to the land. Did not contemplate expenditure on compensation to owners of land when he said the expense would be small. With the present system of reticulation, it would be impossible to keep plaintiff’s land clear of water. William Horner, freeholder of plaintiff’s land: ,Had owned the land 15 or 16 years. The land was in niggerheads, raupo, and swamp. There was not much water. The Bead Board made the drains. Since the Drainage Board widened the drains ' far more water came down. Cross-examined: Eemembered disputes between the Eiccarton and Avon Eoad Boards about the water coming down from the Harewood road. More water comes now than used to then. Witness’ land was always more or less flooded during the winter months. The drains were deepened and widened, as Mr Bell promised, but they did not take the water away. Ee-examined: He distinctly said the floods would never occur again. Mr Garrick admitted the receipt of notice of action. This was the ease for the plaintiff. The Court adjourned at 4.45 p.m. till 10.30 a.m. to-morrow (Wednesday).