MAGISTRATE'S COURT.

New Zealand Herald, Volume L, Issue 15250, 13 March 1913, Page 5

MAGISTRATE'S COURT.

CLAIM FOR DAMAGES. Judgment has been delivered by Mr. F. V. Frazer, S.M., in the case of Growther (Mir. Grundy) v. W. Alton (Mr. J. P. Campbell), evidence in which was taken early in January.; The plaintiff claimed damages ior injury to a carriage drive on her land which adjoins that; of the dethe iniury* it was alleged, having been caused by defendant cutting -certain ditches aid drains on his properly, and having constructed a sod wall some ■ 10 to 12in in height. This work* it was alleged, caused the rain water on de- | fendant's property to percolate into plain- j tiff's land, flooding the carriage drive and rendering it impassable. In the course of his judgment. Mr. Frazer said it was clear that the land is naturally swampy about the site of the carriage drive. The carriage drive had been constructed over the lowest portion of the swamp, and in winter must often be very wet, quite apart from any water discharged on to it or percolating through to it from the defendant's drainage operations. It was settled law that if a man, by ah artificial erection on his land, caused water, even though arising from natural rainfall only to pass into his -neighbour's land, and thus substantially to interfere with his own enjoyment of it, he would be liable in damages to the person injured. The onus of proof was on the plaintiff to show that the damage com- j plained of was due to the defendant's operations, and that such was the case in the present instance, he was by no means satisfied. Plaintiff was accordingly nonsuited. USE OF MOWING-MACHINE. A claim for £20 12s Id, representing money alleged to be due for the hire. and repair of a mowing-machine, was brought by Charles John Mills against Percy Levy, before. Mr. C. C. Kettle, S.M., at the Magistrate's Court on Tuesday. Mr. Prendergast appeared for the plaintiff, and Mr. Tanks for the defendant. The case arose in connection With the catting by the plaintiff of a paddock of grass belonging to the defendant. Owing to some hitch in the arrangements the mowing-machine was left in the paddock of the defendant, about half-a-day's work having then been done. The machine was alleged to have been used by the, defendant to cut his own and a neighbour's grass and to have been damaged while in his possession. It was admitted by the defence that the machine had been used, but it was contended that under the circumstances the defendant had paid too much for the repairs to the machine. While stating that the defendant could not justify his use of the plaintiff's profierty, His Worship declined to allow the ull amount claimed. The amount was finally assessed at £14 5s Id. A recent acquisition by the Christchurch Museum is "the original Salisbury Kettle," presented by Mrs., E. W. Amos, who obtained it during her recent visit to England, - ""• "■ \