FARMERS AT LAW.

Ohinemuri Gazette, Volume XXI, Issue 2721, 21 November 1910, Page 2

FARMERS AT LAW.

DAMAGE FROM A DRAIN.

A PAEROA CASE

Mr Justice Cooper delivered a lengthy -f judgment at the Auckland Supre^r Court on Saturday on non-suit points

raised in connection with the case of Jakob Bertlesen and Rudolph Rasmussen v. George Cooper, claim for damages. The parties are farmers at Paeroa, and the evidence in the action was heard at Hamilton at last Supreme

Court sitting, occupying, several, days. The claim was for recovery of damages

for loss suffered by plaintiffs through flooding at different times of a farm leased by them trom defendant near Paeroa, adjacent to the Ohinemuri River, the damage allegedly being due to a drain on the land negligently constructed by defendant, silt deposits resulting. Twenty-six issues were referred to the jury, and were substantially answered in .plaintiffs' favour, damages being assessed at ss. A motion for a non-suit was argued at Auckland. Plaintiffs' case was based on three grounds : Wrongful derogation from the grant by defendant of the lease, to the ji plaintiffs, breach of the provisions of the lease, and a nuisance. His Honour in his judgment held that the question of nuisance was the substantial point to be decided, and he held that the motion for non-suit should be dismissed upon the ground that the findings of the jury, coupled with the undisputed facts, established a case of objectionable nuisance. Judgment was, therefore, given for plaintiffs, with costs on the highest scale, and an alloA\ance ot £15 15s per day for the extra, days. His Honour added that the case was a very difficult one, and he would like to see it taken to the Appeal Court. Stay of execution was granted for a fortnight, and in the meantime some points in regard to the damages to be assessed will be argued. Dr Bamford appeared for plaintiffs, and Mr T. Cotter for defendant.

We understand that it is the intention I of defendant to take the case to the Court of Appeal.