COURT OF APPEAL.

New Zealand Times, Volume XXVII, Issue 5737, 4 November 1905, Page 9

COURT OF APPEAL.

A WELL-KNOWN CASE. Their Honors the Judges of the Court of- Appeal—the Chief Justice, Mr Justice Denniston, and Air Justice Edwards—yesterday commenced the hearing of argument in the case of Frederick James Ryder, farmer, of Otaki, v. Catherine Hall (wife of Archibald Hall, farmer, of To Horo) and Archibald Hall. Air Alartin Chapman, with him Mr Alorison, appeared for the appellant, and Dr Findlay, with him Mr Alartin, for the respondents. This was an appeal against tho judgment of his Honor Air Justice Cooper so far as it was adverse to tho plaintiff, and a request that an injunction should be directed to tho defendants restraining them from proceeding further with their drainage system so as to divert tho water from a natural water-course and prevent it from flowing upon tho appellant’s land. This matter has already been tho subject of two protracted trials at Palmerston North. In tho first case, the jury failed to agree, and in tho second, which lasted fourteen days, the jury gave a “ compromise verdict.” On this verdict Mr Justice Cooper gave judgment for the plaintiff for a nominal sum, but refused the injunction that was asked for, and practically divided the costs between the plaintiff and defendants. Plaintiff now appeals against this decision, and there is a counter appeal on- the part of the defendants. Mr Chapman yesterday opened tho case for the defendants, and his argument was not concluded when the Court adjourned until Monday next.