Farmers at Law

Manawatu Times, Volume LIV, Issue 6620, 5 August 1931, Page 2

Farmers at Law

INJUNCTION SOUGHT IN SUPREME COURT. The Supremo Court yesterday was engaged hearing a dispute between two Whakarongo 1 armors regarding land drainage. Tho plaintiff was Julia Lynch, a widow, owning 92 acres, and she set out in a statement of claim that a natural watercourse runs through her property and it had at all times carried surface water through tho farm on to and through the adjoining farm occupied by defendant, Wm. Hambrook. in June defendant obstructed tho watercourse by placing therein quantities of hay and otiier material, the result being that water was penned up and forced back upon her farm causing loss and inconvenience. Plaintiff added that she had requested defendant to remove the obstruction but ho had refused to do so and had ordered her agent off iiis land. Mrs. Lynch, as a consequence, ashed for an injunction restraining defendant from obstructing the flow of water in tho watercourse and £SO damages.

Tho dofenco was a denial that any .act of Hambrook’s was responsible for the flooding. If her land had been flooded at any time (which was domed) then it was the result of the method adopted by plaintiff or her predecessors in laying down the drains on the property. She had suffered no damage of any kind. Over 20 years ago it was mutually agreed by plaintiff’s late husband with the adjoining owners affected by the watercourse, to close and plough it up and construct a new drain at tho back of their properties to take its place. This agreement was carried out. For over 20 years this new drain had been continuously used and the old watercourse closed—ou defendant's farm it had been converted into permanent pasture. Mr. A. M. Ongley appeared for plaintiff and Mr. \V. L. Fitzherbert for defendant. His Honour, Mr. Justice Reed, inspected tho farms concerned before hearing tho evidence which took the remainder of the day and until 8.30 last evening. His Honour then intimated that he would look through the evidence again and deliver judgment this morning.