SUPREME COURT.

New Zealand Times, Volume XXIX, Issue 4233, 14 October 1874, Page 2

SUPREME COURT.

CIVIL SITTINGS.— Tuesday, Oct. 13. (Before His Honor Mr. Justice Johnston and Juries of Twelve!. MULHEIIN V. GALLOWAY. Mr. Travers appeared for the plaintiff, and Mr. Allan for the defendant. This was an action brought by Robert Mulbern, a farmer at Pahantanui, against David Galloway, also a farther at the same place, for the recovery of damages for negligent management of a fire lighted by the defendant in his own grounds, by which it was allowed to spread to the lauds of the plaintiff, thereby doing considerable damage to the latter’s property, preventing the use of the land for a certain time, and the proper clearing of the land. Mr. Travers opened the case,- and called a number of witnesses. The evidence for the plaintiff tended to show that the defendant had been frequently warned and spoken to about the manner in which ho was burning some ■ ratah trees amongst the felled bush on his section, and the probability of the fire spreading and causing damage to other sections ; but that, although he promised to watch it and be careful, proper caution was not exercised, and consequently the felled bush took fire and spread to tlie plaintiff’s land. A good deal of evidence was also given as to the state of the plaintiff’s section after tlie fire, and tlie amount of damage done. Mr. Allan commenced the defendant’s case by reviewing the whole features of the proceedings, and then called the defendant, who gave evidence at some length. The case is a very uninteresting one to the public. At tlie conclusion of the defendant’s evidence the Court adjourned until ten o’clock next morning.