APPEAL COURT.

Manawatu Standard, Volume XLV, Issue 188, 14 July 1925, Page 7

APPEAL COURT.

KAIRANGA FARMERS’ CASE

Per Press Association. AVELLINGTON, July 14

The Court of Appeal was engaged this morning in hearing an appeal from the Chief Justice’s decision granting a new trial in the case of Matthew Oliver Tremain, of Kairanga, farmer, against the Manawatu Drainage Board. The case came on for hearing in March, last before a special jury of twelve, occupying three days and ending in a verdict far £SOB 15s. Plaintiff is the owner of 310 acres of the Aoiangi Block and two drains vested in the board run across the land. It is alleged that the board failed to keep cleansed and clear these drains, with the result that plaintiff’s land .suffered great damage, through floods 'between 17th April, 1923, and 31st August, 1923, and his crops were spoilt and his farming operations interfered with.

On the finding of the jury the Drainage Board applied for a new trial on the ground that the verdict was against the weight of evidence. In granting the application Sir Robert Stout held that the board had relied on exports to carry out the work of cleaning the drains, and was thcre'fore not guilty of negligence; and, further, that the damages allowed by the jury were excessive. Mr G. G. AA’atson is appearing for the appellant, and Messrs A. Gray K.C., and F. H. Cooke (Palmerston North) for the respondent. The hearing is proceeding.