MAGISTRATE’S COURT.

Waimate Daily Advertiser, Volume XVII, Issue 666, 18 August 1917, Page 3

MAGISTRATE’S COURT.

AT WAIiMATE YESTERDAY. (Before Mr Wyvcm Wilson, H..M.) W. A J. IJunuiKTston fMi'- Lhigieyj v. Meulb, Macdonald Ac (,o. IMr llnlleslon).

Wm. llummerston carried on business with bis brother as mar-ket-gardeners. They had been enquiring of Macdonald il there was tiny pnssibilily oi increasing the water-supply. Air, (.'ox, a waler.diviner accompanied by Ah llmm-, Manager of the linn a- ling is agents for Buolb, Macdonald, inner it si their well, ami Ah'. Fox said that if the well were sunk a lew lei-t more there would be a permanent water-supply- The- agent also said tji.it if- would be nec-m----sary to have a jnimpnu-p ml. (hi Amoisl 23rd Iwo well-sinker.-, arrived. and t ommenn-d -inki.n; b>

;i (I,'pth iif ~ lrr( duirhrs. wlmii Ur,' water ram: 1 in on '.limn. 1 lie | uMijiin*11111;* had iu’ I arrnrd, su t!i;■ v had l(' .-’I ;>|. wm k. l.airr on tin' stand warn ['tit- (<■ u.*■ tin-1-, and the wrli-sinkiM’.- dm;,' lour im!' s I') lit |ha onll sui i!n■ siand, inshad oI Urn sprcially-ronslmri a) Im. \A nn.ain' <d tin 1 'land and In,a u':n ju'udiuaul in I'nlirl'. llm Maud had to hr |.uI in a sti ailed (msuion. Tim main:' wan |ihi' n) ■> ) a woud- ' .Ml stain!, and wltrn rtaH-rd h had in hr |ii"l dmvn. At IS an 'ill' vibrations ransrd tlu 1 "i! i" ovrrso dial a man had o> im cmUinually an anlina io Mm enaiii '. Wlmn ’till' jda.nl was rl'.vlrd limy (mimii'iii’i'd I iimjiinu. I'Ui in 11 trim works' tillir ill- dnw IJ-[:ijii' inmi (hr );sllk in'S'in ! ; i la'iid id ' lank, wnahina air nil .i tons when Hid, was l)i'4i!iii!nu !■' sat!- Ho ih'Ulfi'hl it if in-a in a■’ tin' onaitm wlmn* it ■ winan'd was di-.rct'y lirnmith. AJr. Hum-' wr.;t' L o. I Uaot ii. Macdonald staiin,.; lim i-i'-ii mil. I lie * atik-stand and ■ 11..-j,i.■ w'. ■ unsatisfactory, and iLm w; (I had 4,am dry. ,\l; 111; i■:■st ■h s : Tim wall was dry .’v -i works. A ft'-i' Urn mi> ! ■ i i' a n il' . -v. ryt’dmt had Im-cn ii" i nr :li -ill rxcrpl for lln i, ,i / r tin- s-iand ? Idd n.,'l if; ■, mams;-: Ilf tSir Timani branch .die to lia ii[i .anythin" tin .Man'll Idle? haii.t it : Vrs. Tim S.M.: Why did ymi rciue fn. Id. Ihr in do ilds?

Plaintiff :tii sw.'ivil lo iim .dice: that rimy ! pViiiilillsi w Mr li;i Vi * made Ur- loss suslain;.''! ■liin'll4 ill.; lime the wed was dry. ij_ w'uiild him. sir Hire lur Ihe iirui >_ (;) untv li\ up '|he tank alder Miry ii;i(i Slim:' of fhe <- *'i ; - M,. UidicsUm; I lake it. th:P it Vi..is tli‘' want nl water rind caused i your loss? ! Plaintiff: I es. [ Mr llullesfcoii: Von «loiiL Inarm; tim conduion of the ituik-sMiml? Plaintiff: Tire lank, owing to its condition, could hi! only hail-filled. There was not suTmienl pressure. Plaintiff, continuing said the tea sou lie did not accept the ( one pany’s offer was that that noun! not itave made good lire Joss ol his crops. Tim company wauled lo fix. it up so that, he would have no further claim on them, James Hughes, a solium uar llummeTston’s, gave iuat. lu; adt a 'permanent supply ,"t water throughout the dry summer' of HUG at a depth of 12 feet. Mi' Rollestou said that while _lio did not con feud that a, perfect joh had been made, Urn company had offered to fix up any tiling required, ft came ‘to a question whether there was a guaranty than the .water-supply would 1 hoi: fail. There were only six weeks when the well was dry, and, the plaintiffs could easily, in a day or two, have deepened "the well siifficienliy themselves. Instead, Urey stood by and did nothing. H it had been a, wet season, and plenty of water in idle well, there would have, been no complaint* therefore he sunmitied that, as there could he no judgment in that case, there could he none iivdlds. Herbert Wade, well-sinker, gave evidence that Huminerston Bros, did not complain lo him of the wdl. He had dug down two or three feet and there was a good flew.

Cross-examined: He did not exj;o(.t the engine down there. He hail told 1.0 dig until ho found water, which lie was told would probably he l only a few feet. A. Greaves, the titter, cross-ex-amined, stated that he and Mr Andrews refused to hare: .anything, to do with the well. They offered to fix the stand. The case wa.s adjourned till the 28th.