RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 7583, 8 June 1886, Page 4

RESIDENT MAGISTRATE'S COURT.

MdXDAY; June 7: (Before Mr E: H. Carew, R.M:)

Judgment was given for plaintiffs, with costs, in the following undefended cases:—Anderson and Morrison v. J. Oonne, claim £1 14s, for goods supplied; William Whyte and Co. v. J. Henderson, claim £8 8s 6d, for goods supplied.

J. M'lndoe v. The Mayor, Councillors, and Citizens of the Borough of Caversham.—Claim, £40, damages for allowing water to flow on to land occupied by the plaintiff, and thereby doing damage to the same and injuring vegetables, bulbs, and fruit trees.—Mr Denniston appeared for plaintiff, and Mr Sim for the defendants.—This partly-heard.case was resumed, and Mr Sim raised the point that as a question of title as to the possession of the land was involved; the court hart no jurisdiction.—His Worship said that the evidence showed that the

plaintiff had sole right to the use of the groundfor a garden; that he cultivated this laud for a considerable number of years and reaped all the profits from it, and no person had taken anything away from the land—not even a flower—without the permission of the plaintiff. There was evidence of actual possession by the plaintiff, and no evidence to contradict his right to possession. Therefore there was no question of title in-volved.—-Mr Sim then called evidence for the defence, after which his Worship said it appeared that the plaintiff had put a" fancy price on the plants which had been damaged, but it was quite clear that he sustained substantial loss^through

injury to the ground. He thought £20 would meet the case. Judgment would be given for that amount, with costs.

V. Altnao v. J. Mitchell.—Claim £20, damages on account of defendant allowing water andimpure matter to flow from his premises on to

land belonging to the plaintiff.—Mr Caotmore appeared for the plaintiff, and Mr Denuiston for the defendant.—After this case had been partly heard it was adjourned until Wednesday.