SUPREME COURT. — CIVIL SITTINGS.

Otago Witness, Issue 1325, 21 April 1877, Page 5

SUPREME COURT. — CIVIL SITTINGS.

Thobsdat, Afbzd lftrar. (Before His Honour Mr Justice Williams and a Common Jury.) BHAW V. MACPHEBSON AND ANOTHER. Chum for trespass L2OOO, and special damage LISOO. Messrs Mouat and Chapman appeared for the plaintiff, and Mr W. D. Stewart for the defendants. This case was now continued. On the evidence being concluded, Jury answered the several issues as follows : — 1. Did the defendants break an I enter the plaintiffs land (in the first count of the declaration described), and dig holes thereon, and erect fences thereon, and injure and break down the plaintiff's fences thereon ? No. 2. Did the defendants obstruct and divert the water-course, in the third count mentioned, from the plaintiff's said land? No. 3. Did the defendants pull down, break up, and destroy, the plaintiff's fences, and render the same wholly useless to him, as in the fourth count alleged? No. 4. Did the plaintiff and the defendants enter into a written agreement, and was the survey made and the expenses paid, as alleged in the defendants' second plea? Yes. 5. Were the alleged grievances in the third and fourth counts of the plaintiff's declaration done by tha defendants upon their own land on the sooth side of the boundary line referred to in the defendants' second plea, as therein alleged? On their own land. Is the plaintiff entitled to recover from the defendants any damages, and if any, what damage? That is to say: On the first count ? Nothing. On the second count ? L2O. On the third count? Nothing. On the fourth count ? Nothing. On the fifth count? LlO. The Court then adjourned.