THE REGENT BUSH FIRES.

Nelson Evening Mail, Volume XXXII, Issue 23, 28 January 1898, Page 2

THE REGENT BUSH FIRES.

AN ACTION FOB DAMAGES. An action for do -rages in connection with the recent bush hres in the Happy Valley and Suburban North districts wns commenced at the Magistrate's Court today before Mr H. W. Robinson, S.M. The plaintiff's, Harriet Baker, and Rueben and Williani Baker, claimed from Thomas Auderson the sum of iIOO in respect of damages alleged to hove Loen caused to their (plainiiffa') property by a fire wilfully lighted by the defendant on the 20th December, 1897. The amount of the claim, which had been reduced from £103 10s to £100, to bring the suit witbin the jurisdiction of the Court, was made up as follows :— Sixty aores of fallen bush, damaged to the extent of 14s 6d per acre, £43 10s ; 120 bushels of grass Beed burnt (value 5s per bushel), £30; loss of a year's grass on the said 00 acres, £30 ; total, £103 10s. The main point of the defence is that the file ou plaintiffs.' property did not originate from the fire on defendant's land. Mr Pitt appeared for the plaintiffs, and Mr Havley for the defendant. At the request of Mr Pitt, the witnesses, some thirty in number, were ordered out of Court. Mr Pitt, in opening tho case, stated that in a case decided some time ago it had been held that a person who lighted a fire on his property was responsible for any damage caused thereby, even if no negligence was shown by him. This liability held good even if a gale of wind sprang up aud carried the sparks from a dying fire through other properties and caused damage to the property not directly abutting on that on which tho fire started. Ho called evidence as follows : Harriet Baker deposed that she was tho owner of certain land at Suburban North which was leased by hor sons, Beuben and William. Their lease would expire at tho end of this month, when Cummings Bros, would take possession under a purchasing agreement entered into on November 30th last. Unless tho damage caused by the late flre was made good she would have to boar the loss. Reuben Baker, one of the plaintiffs, and son of the last witness, stated that an understanding had been arrived at between him and his brother and defendant to clear a line of bush along the boundary of their respectivo properties. A felling contract, to bo completed by December 31st, had been let, and GO acres were felled before 20th. On that day he came into town. Before leaving he saw a firo on Cummings' property, but no fire elsewhere. [Witness certified to the correctness of photographs of the burnt bush produced.] On January she sent defendant a letter claiming damages, but received no reply. By Mr Harley i Tho timber was felled for tho purpose of burning when thoroughly dry in tho autumn. He had been farming about lu months. He know a good burn whon he saw it. He estimated the damage to tho bush according to the cost of felling. Through bush being so badly burnt tho land was spoiled, and the cost of selling was thrown away. It was not true that about '10 acres of fche bush ' had been well burnt, but 15 acres had [ been fairly burnt. When the fire was burning Cummings wero at their own farm, On the morning of the fire, before ; leaving for town, ho saw smoke rising in the direction of Anderson's. A blackberry fire was then burning on Cummings' land. | William Baker, one of the plaintiffs, said that defendant said nothing to him about an intention to burn on Deoembar 20lh. Witness was in town on the day of the fire. He had helped to measure the land ond the contractor had been paid for felling 76 acres, He eaw the fire at Cummings, but this could not have oause d the fire on their (plaintiffs') land. He saw the smoke iu Anderson's direction that day, but no othor smoke. By Mr Harley : Ho could not say whether the smoke he saw in the morning arose from Anderson's or their place. According to the purchasing agreement with CumtniDgs, the bush bad to be felled ready for burning in March. The fire had spread through the scrub, but thero was a space of six or eight chains between the properties not burnt. The fire had been blown over tbis space into tbeir bush, Tbe land required to be sown with grass seed now to keep down the fern and next year it would be necessary to burn to get rid of the timber. The land would then have to be re-sown. ( To Mr Pitt : Messrs Joseph Holland and G. Dolamore, competent men, had estimated the damages. Thomas Frost, junr, deposed tbat on the morning of the lire, between 11 and 12, he met defendant, who told him that he was " going to let it go," meaning that he was going to fire his bush. A stiff S.W. wind was then blowing. After dinner witness saw the fire burning. It waa not Irue that he did not wish to ba a witness in the case. After the Ure was startei defendant told him that he went to the top of the ridge, near Baktr's boundary, and the place was full of smoke. Defendant did not tell witness that he was surprised at something he found on getting t(_»the top of the hill. The witness gave his evidence very reluctantly, but, on being pressed by Mr Pitt, admitted the truth of a signed statement made by him to one of the plaintiffs shortly after fche fire, vis., that defendant had told him that when he reached the top of the hill he was surprised to find that tho firo had got so far and that he could nol, seo Baket's laud for smoko. John Phipps remembered the firo starting in defendant's bush. After reaching the lop of tho hill, the firo ran through tho rubbish and blew into plaintiffs' bush, about 60 acres of which was burnt. Thero was a fair burn ovor aboufc 10 acres, but the rest was very badly burnt. Thomas Kinzett, who had the contract from plaintiffs for the bush-felling saw smoke rising up from Anderson's bush on the day in question. Ho afterwards heard a tremendous roar from the flre, which 'swept over tho hill into Bakers' bush. The fire went through the stand- 1 iug bush as well as that which had been I felled. Were tho bush ]\\a ho wonld I rathor have it standing than fell and badly burnt as at presont. Thero would bo no chance of burning it effectually for about three years. He considered that the damage represented a loss of fully .£lOO. The only way to get rid of the timber now would be to log it up, whiob was a laborious process. About 18 acres were fairly well burnt, By M* Harley : He did not tell Flower and Anderson that the fire started at the corner near Wells'. There was no fire anywhere on Bakers' aide of the hill till the flre oame orer from Anderson's. Harold Kinzett. son of the last witness gave similar evidence, ' Thomas Small said that defendant had I told him on the Sunday after the lire that I he had lit the fire in his bush. He siw I the fire on December 20th. A N.E. wind wft9 then blowing^ Hubert Q'Bierne also deposed to seeing fhe fire. He was sure the fire did not spread from Hillwood,' where he resided. Left Sitting.