DAMAGE TO HOUSE

Southland Times, Issue 21072, 2 May 1930, Page 6

DAMAGE TO HOUSE

“IN SHOCKING STATE.”

CLAIM AGAINST THE HON. O. F.

NELSON

(Per United Press Association.)

Auckland, May 1.

“It is really incredible that human beings could live in the place and reduce it’ to the state it is in at the present time,” said Mr Adams in the Magistrate’s Court this morning in advancing a claim for approximately £350 brought by Josephine Wilson Smith, widow, of Auckland, against the Hon. O. F. Nelson, the well-known Samoan merchant, in respect to damages alleged to have been caused to a residence in Remuera during the latter’s occupancy of it. During the hearing of the case, Mr McKean, S.M., said that he had inspected plaintiff’s property and it was in a shocking state. Plaintiff in her statement of claim said that Nelson occupied her house in Remuera from December, 1928, to March 14, 1930, as monthly tenant. In addition to having the use of the house, he had the use of all chattels, furniture and personal effects. It was alleged that during his occupancy he wilfully or negligently damaged the house and appurtenances and in this connection the sum of £275 was claimed to cover the necessary repairs, replacements, etc. In addition, £5O general damages were sought and £25 to cover loss occasioned plaintiff through defendant failing to give sufficient notice of his intention to quit the premises and loss of rent during the time the home and furniture were under repair. Mr Adams said it had been difficult to arrive at an exact assessment of the damage and the amount necessary to restore the fittings to their original condition, but after much deliberation, the sum of £275 had been arrived at, less £l2. Evidence would be called to prove that when defendant took possession of the property it was a home belonging to a person with taste and of refinement. Commenting on the state the house had been lefl in, counsel said that fortunately plaintiff had the Court to come to for redress. It was really incredible that human beings could live in a place and reduce it to its present state.

The case for plaintiff had not concluded when the Court adjourned.