KERNOHAN v. BROWN BROS.

Northern Advocate, 12 May 1915, Page 4

KERNOHAN v. BROWN BROS.

CLAIM AXD COUNTER-CLAIM.

MAGISTRATE \S DECISION.

Further legal argument was beard by Mr E. Pago, S.M.. at V,'hangaivi yester>'lay and to-day in the case TJ. Y. Kerno'ian, Whangaroi, v. Brown Bros., conj tractors, Mangakahia. At the previous hearing the Magistrate non-suited plaintiff on a claim for .i! 1-Ul 19s respect- ' ing a right of way etc.. ami argument in tho present hearing related to si. i oui.iter-elaini by Bri)wn Bros., or alternatively by J. Brown for £200 damages ■•:iusod to timber and I'lnin by tho desinunion of the ilain tiii-t>n fire. 3.i0-srs \\". A. <'!irruth and T. 1.. steadiuaii plaint ill' and Mr .1. .P. S. Brigg.s defendants. In rt'siifct of plaintiffs claim, I'osts in favour of defendants were fixed as follows: solivitors' fees ,'J7 !is. witnesses expenses .Co 13s lid. On the eonnter-i-laiiu, the Magistrate ■upheld the contention for the defence that defendants were estopped by a j previous action in which B. L. Brown recovered £200 damages. Plaintiff was awarded solicitors' costs £11 1, Court costs ISs and witnesses expenses £20 12s Cd. Leave to appeal was granted ou the j)aynient. into Court of £15 15s, and the costs allowed to plaintiff. J