SUPREME COURT.

Marlborough Express, Volume XXV, Issue 288, 19 December 1889, Page 2

SUPREME COURT.

;'' » .... '-. ■■■' : -v- ; ' ■■•.;; Blenheim, Wednesday, Dscembeb 17. (Before His Honor Mr Justice Biehniond, and a special jury of twelve.) , MTCHFIELD V. THE COBPORATtOtfi' The jury retarnea af 4,20 and the OSBB was resumed. • Bichard Pollard had the contract to clean out the drain, from the Omakaßoad Board about two years ago. Cleaned, it at sections 38 and 40, the drain was effeoted by the tide at that point* . In consequence of the tide had to go from one point to another on account of the spring tides. When it worked well . latahfield's land was 12 or 15 inches' 'above ' the surface of the drain- water; 1 Knew .the flooSigate at the sandhill outlet., ? Used to stop it up to keep the spring tides, out. In September saw the water, Qo'miD'g'up; it gotpastitbe flood-gate because the wooden doors did not act. Followed the water up m the dinner hour, to the Litchfield and Redwood boundary. Therland of the former was covered with . water. Th^re: was asqodg'ate on Litchfield's ground. There wbb a 12in pipe to' drain the land into the Cooperative drain. . Had cleaned more lately towards the borough' botradary. Worked there eight months ago, m summer. The remainder of the examination went to shew that all that was needed waß done. Mr E. Bythell, Mr J. 3. . Sinolar, Me J. B. Green, and A. Lucas were examined and after the counsels' addresses, and the Judge had summed up, the jury retired at 8.50. At 11.55 they returned ' a three, fourths. ' verdiot for' plaintiff for £25 damages. The question of costs-w as .reserved, any aotion towards setting, aside , the ,verdiot to raat with defendant. ■ -: The Court; then adjoarned till 10 a.m. iext day.