A CLAIM FOE DAMAGES.

New Zealand Herald, Volume XLIX, Issue 15141, 4 November 1912, Page 5

A CLAIM FOE DAMAGES.

FLOATING TIMBER DOWN A CREEK

, A Claim far damages was heard in the Magistrate's Court on Saturday. Mr. E. Rawson, S.M., sat with Messrs. Bond and Ward Baker as assesors. The plaintiff, Edward Turner, an auctioneer, of Auckland, was represented by Mr. J. R. Reed, while Mr. M. G. McGregor appeared for the defendant, William James Barr, a timber-dealer, also of Auckland.

The plaintiff in his statement of claim deposed that he was the owner of certain lands, through which the Marama, or little Huia creek, flows. The defendant, a holder of a license under the Timber

oating Act of 1908, was authorised to

use the creek. The plaintiff said that the defendant, by exercising his powers under the Act, had utilised the creek for floating timber. By so "doing lie had caused damage and injury to the plaintiff's properly.

The details of the alleged damage were set forth in the plaintiff's claim in detail. The using of the creek for floating timber had, it was alleged, caused floods, bridges had been destroyed or damaged, the surrounding property littered with debris, and the natural beauty of the j creek destroyed. The plaintiff estimated the amount of damage caused at £143 10s.

A great quantity of evidence was called by each side, and the Court was kept sitting until a late hour on Saturday. Finally the Court was adjourned, in order that the evidence might bo considered. A date will also be fixed for the hearing of legal arguments arising from the claim..