CLAIM FOR £lOOO DAMAGES

Manawatu Times, Volume XLXI, Issue 3480, 14 December 1926, Page 9

CLAIM FOR £IOOO DAMAGES

F. S. EASTON v. MOUTOA DRAINAGE BOARD.

Mr H. P. Johnston, barrister, of Wellington, was engaged yesterday hearing evidence as arbitrator in the Supreme Court case in which F. S. Easton, farmer, of Foxton, claimed from the Moutoa Drainage Board, £IOOO damages alleged to have resulted through the neglect of the Board to clear and maintain certain drains running through plaintiff’s property. Plaintiff alleged that he had suffered groat loss and damage in that his lands had been flooded on many occasions and he had been unable to graze his cattle and sheep; also, that his licensees had been prevented from cutting flax and that the tram lines had been rendered useless.

In addition to the damages, plaintiff asked for a writ of injunction compelling the Board to properly clear and maintain the drains and do other works so that his lands might not receive other water than they would bo liable to receive under ordinary circumstances.

The Board denied negligence in its statement ’of defence and further alleged that if plaintiff had suffered damage, same was not occasioned by any act or default of the Board but by causes not under their control.

The case ■ originally came before Mr Justice MacGregor at the August sitting of the Supremo Court, and was referred hy him to arbitration. At yesterday’s hearing of evidence, Mr C. A. ITreadwell apepared for plaintiff and Mr H. R. Cooper and Mr M. B. Bergin for the Board.