SUPREME COURT.

New Zealand Times, Volume XXX, Issue 4520, 15 September 1875, Page 3

SUPREME COURT.

Tuesday, September 14. (Before his Honor the Chief Justice.) GEORGE V. HALL.

This was an action tried in July last before his Honor the Chief Justice and a jury of twelve, the object of plaintiff being to recover damages for injury done to land, which he alleged to be his property, by defendant having excavated up to the boundary, and failing to leave the requisite natural support to his (plaintiff’s) land, so caused it to fall in. The jury found for plaintiff generally’-, and in answer to the first issue, which enquired as to the nature of plaintiff’s tenancy, brought in a special finding to the effect that plaintiff and a person named Carter had purchased the laud eleven years ago, with the intention of dividing. it between them; paid the purchase money; went into possession, and remained in possession ever since. The conveyance of the laud at the time of purchase was made to Carter alone. The plaintiff went into possession of his own piece, the subject of this action, which he had occupied ever since, but had not received a conveyance from Carter until the 4th of March, 1875, and after the damage complained of had been done. The jury, in view of subsequent proceedings to ascertain whether plaintiff had only the right of a tenant at will, or a right to the freehold, assessed damages, variously awarding nominal damages, 205., should this right be proved to be that of a tenant at will, and £SO, uupposing his right to the fee simple to he established. Mr. Travers had obtained a rule nisi calling upon defendant to show cause why a verdict for substantial damages should not be entered up, and Mr. Allan to-day was to have shown cause. Mr. Travers said he was willing to accept nominal damages instead of applying for the verdict for substantial damages to be entered up. To this Mr. Gordon Allan, on behalf of defendant, consented.

After a conversation, Mr. Travers obtained leave to mention the question of costs at a subsequent sitting. The Court then adjourned.