Supreme Court.

Star (Christchurch), Issue 1475, 19 November 1872, Page 3

Supreme Court.

2UBI -PRIUS. MONDAY, ]>OT. 8. (Before Mr Justice Gresson and a Special Jui-J.) XTiK T. ]JT!OW.N" AXI) -ASOTHEH. Mr Wynn Williams (with him Mr G. Harper) for the plaintiff. Mr Garrick (with him Mr Cowlishaw) for the defendant. Special Ji-KT. — Messrs 11. J. Tancred (foreman), .T. ,T. Fletcher. C. E. Blakiston, W. J. Smitli, W. Kennawny. G. Hart, A. G. Knight, A. Hornbrook, F. "H. Wilson, S. 8. Field, B. J. S. lJarnmn, and K Gobb. In this action George William Henry Lee is plaintiff, and John Evans Brown and Laning Coiitcs defendants. The action is brought to recover the sum of £2000 damages, alleged to have been sustained by the plaintiff by reason of defendants, by their servant, having ignited «i fire which communicated with the plaintiff'srun, and destroyed the property mentioned in the declaration. The issues submitted- to the jury are as follows : — ■ ' 1. Did the defendants by themselves or their sorvant negligently and wrongfully light and keep in and upon their close in the declaration mentioned a certain fire at the time and in the manner in the declaration mentioned ? 2. Did the said fire by reason of ita being so negligently lighted and kept as aforesaid spread and extend to the close of the plaintiff, and bum, consume, and destroy the grass, certain dwelling-houses, store-houses, sheds, out-buildings, gntcs, posts, rails, fences, sheep, goods, implements,. utensils, stores then possessed by the plaintiff, and being thereon ? 3. Is the plaintiff entitled to any and what sum by way of damages by reason of the injuries done by the said fire ? Mr George Harper opened the pleadings. Mr "Wynn William 3 briefly stated the plaintiff's case, and called the following evidence : — George Wra. Henry Lee, examined by Mr Williams : I live at the "Wan-en station. Mr Pearson's run adjoins mo on one side and Mr Brown's next ; next to that is Mr Murphy's. Mr Dixon's run is next to Mr Brown's. I recollect the Ist of February last. I recollect seeing a great deal of smoke in the southeast direction. Ifc had been very dry vreabher previous to this; it had been more than usually dry. It would certainly be more than ordinarily dangerous to light a firo with grass or scrub on a run at that season. The day after I saw the smoke I saw the fire coming up my run. It burned up along the back part of my run ; it burned about 5000 acres. On the Saturday (two days after I first saw the smoke) the wind suddenly changed. The fire came towards the homestead, and as far as the river's edgo. The fi.ro destroyed sheep, buildings, grass, a few trees, stores, and fences; the house itself escaped. I got Miv Ford and Mr I.ockhart to come and mako a valuation. i I told them what had been destroyed. I gave ' them a list of things which were destroyed. There were destroyed a men's dwelling-house and another new two-roomed building, a store room, fowl-house, and pig-sty, milking shed, and stock yai-d, and sheep yards, pump (partly destroyed), troughs, a large quantity of fencing (some gorsc, some po3ts : and-rails, and wire.)' I thought Messrs Ford and Loekhart's valuation low enough ; it came to at least £SOO without the sheop. I think that a very low value. The value of the grass destroyed was at least £200. I reckon that I lost 1100 sheep by Vao fire. I arrive at that from the number of dead bodies I saw and the number short on making up the books. I mustered shortly after the fire. lam morally convinced that I lost 1100 sheep. I value them at 5s a-piece. I had told some slice]) at 7s. I recollect seeing Mr Brown some time after the fire. He asked me to go with him and look where the fire had taken place, and said that if I could convince him that it was his fire that did the damage, he would give me a cheque for the amount of Messrs Ford and Lockhart's valuation. I did not tell him, but I supposo he heard of the valuation. ■- 1 went to Mr Brown's shecpyards the following week by appointment, for the purpose of looking at the ground. I did not see Mr Brown then. I met him again. He asked mo why I didn't keep the appointment. I told him I had done so ; he said it was at the Home Station I was to have met him. He asked me if I would go with him to the ground. I told him I didn't think it any use, as I had been over it many thhe3. Mr Brown said the fh-o they lit did not destroy my run. He suid that Hyde must have lighted the fire. Ho said he admitted that they were burning that day, but it was not their fire that burned my run. Ho didn't say who had lighted their fire ; he said it was lighted in disobedience to his orders.

Crass-examined hy Mv Garrick : Messrs ■ Lockhart nud Ford made their valuation from survey. I did not go away from the homestead during the three days the fire lasted. I did not endeavour to put the lire out ; it was impossible to do so. Henry Engleburfc, examined by Mr G-eorge Havper : On the first of February I saw a fire in the direction of Mr Brown's run. The fire continued to burn towards Mi* Lee's run. I saw all this happen on the Thursday. 1 saw fire until I went to bed that night. J saw it again next morning between 4 and 5 o'clock. It was on Mr Murphy's run. The wind was still in the east. Shortly after lhafc a small quantity of rain fell and checked the fire. It did not flare up as it had done, and 1 thought it was going out. About an hour or so at ler that the wind sprung up again, and the fire started afresh. The fire went in tho direction of Mr Leo's run. It got on to Mr Leo's run about 11 o'clock, and continued to burn in the direction of Mr Leo's house. On the following day I saw the fire still on Mr Lee's run ; the five was in different places, just as the grass led

it. I believe the wind changed to the nor'west again ; it again changed to the sou'- west. The effect of this was to drive the fire towards Mr Lee's house. I saw the effect of the fire next day. The men's house, stockyards, fowlhouse, and nearly all the fences were burned down. The shetrpyard was burnt. I also saw n quantity of dead sheep and some nearly dead. They were merino sheep. We had no fire on our ground during that day. I behere tha-f- it was the fire which started on the Thursday that did the damage. I never saw it go out from the time it was started until this damage was done. I saw no other fires except in the direction' of Mr Brown's run. The weather was very dry ; it was an unusually dry season : ib was- very dangerous to light n fire at that time- of. the season; I should be very cautious where I lighted a fire. Cross-examined by Mr Giirriek : I am a farm-jr. My farm i 3 on Mv? Lee's run. A portion of Mr Murphy's run lay between MiBrown's ran and the place where I was standing. The fire seemed to start in- the manuka scrub on Mr Brown's rtm. There is manuka on Mr Murphy's run. ' ''"'" H. P. Blanchard gave evidence as to the preparation of tho plan of the runs in question. Kobert James Eeid, examined by Mr Harper : lam a farmer residing in the Oxford district. I know Mr Brown's run ; it is about two miles from my place. I semember a fire in harvest time on a Thursday. I was too far off to say whether it was on Mr Brown's or Mr Murphy's run. I saw the fire on MiLeo's run on the Saturday following. Edvard M'Gowan, examined by Mr Williams : I am a farmer residing at Oxford. I know Mr Murphy's and Mr Brown's run. I live about 2 miles from tho boundary line botweon Mr Murphy and Mr Brown. I remember a fire on a Thursday. I first saw it between eight and ten o'cock. It looked very much as though it was on Mr Brawn's run, ! from where tho fire started. The wind was I blowing north-west. From where I saw it, tho wind blowing from tho north-west would blow tho fire right on to Mr Brown's- run-. On the next morning, the wind changed to north-east. On Saturday morning the fire was still burning. I believe it was the same fire that went from Brown's to Murphy's and Lee's run. People are in the habit of going for scrub to Murphy's and Brown's runs — principally the latter. No one passed uiy place going for scrub on the day of tho fire. In going for scrub to Mr Murphy's run, they nearly all pass my house. There was no fire on my land that day. I did not see any firo spring up on any portion of Murphy's run. My impression at the time was, that the fire was on Mr Brown's side of < the dividing fence. I have since been across the place. The scrub on Mr Brown's run was burnt a good way in — about ten chains ; the dividing fence between Mr Murphy's run and Bf r Brown's. Joseph Pearson, examined by Mr Williams: I am a sheep farmer living at Burnt Hill. Mr Leo and Mr Brown adjoin me ; one portion cf Mr Murphy's run comes between MiBrown's run and mine. I remember a fire in February last. I cannot say where it originated. Tho fire was north-east of my run. On the second of February I noticed tho fire coming towards me. I went down to the boundary fence between Brown and myself. The fire appeared to me to be on Mr Brown's run. The fire was lighted on a Thursday and continued until late on the Saturday evening. ' It extended for about 8 miles. Tho firo %vas . on my place and Mr Lee's on the Saturday. Tho fire was on Mr Brown's run ; I saw it there, but I cannot swear where it started On the Thursday, the wind was- blowing the fire from my place.

William Hyde, examined by Mr Williams : lum a shepherd in Mr Lee's employment. I recollect the Ist February last . I was then lin Mr Murphy's employment. I saw a fire on Mr Brown's run on that day. I was on Mr SrEurphy's run from 11.30 to 12 o'clock. I was first out on the run at 10.30 that morning. I wa3 on horseback. I went along Mr Lee's fence, between Mr Murphy and Mr Leo's runs. I was on horseback when I saw the firo. It was on Mr Brown's run by Mr Pearson's boundary. lam quite positive the fire wns on Mr Brown's run. There was no fire at 12 a'clock that day on Murphy's run. I was out on Mr Murphy's run tho following day. There was then firo upon it. I saw Mr Brawn and Chartress on Mr Brown's run. j Chartress is Mr Brown's shepherd. Chartress asked mo if I had lighted a fire, and I said I had not. They asked me if Mr Murphjhud lighted a fire, and I said ho had not. They asked me if some farmer had lighted it, and I said I didn't see one do it. The wind wad blowing norfch-wesfc on the Thursday. It was a dry season 5 tho wind was blowing high. A firo lighted in such a season and in such a wind must spread. I saw the fire again on the Saturday. I beliore it was the same fire. By the Foreman : My impression is that it was the one fire throughout. It started on Mr Brown's run -where I haye made a blue cross on the map. The further hearing of the case was adjourned until 10 o'clock next morning.