CLAIM FOR DAMAGES.

Wairarapa Daily Times, Volume 48, Issue 14625, 27 March 1922, Page 5

CLAIM FOR DAMAGES.

GALLAGHER v. BICKIMELL. CASE BEFORE SUPREME COURTIn the Supreme Court a t Master ton this morning, before His Honour Mr Justice Chapman, Mrs Eliza Jane Gallagher, 71 years of age, .proceeded against William Walker Bie knell, °f Grey town, to recover £7OO special damages for breach of covenants in the lease of a farm property, possession of posts or £.IOO, and £SOO general damages. Mr IT. E. Hart appeared for the plaintiff, and Mr A. W. Blair (with Mr J. IT. Thompson) for the. defendant. The following jury was empanelled: —Messrs James Bonn (foreman), Walter Byrnes, Frederick Harding, John Pomeroy, Henry Edward Hawker, lidward John Mattson, Thomas Merson, James B. Bairstow, Thomas HarokUA. Dixon, Leonard W. Howard, Samuel Pinkerton and Benjamin Lumley. Mr Hart, in opening his case, said that the total amount claimed was £I3OO. This sum was made up ns follows: —£450 for repairs to dwellinghousce, wash-house, the cottage on the farm, the fowl-house, and pigstyc; £lB5 for replacing 40 chains of fencing actually removed, and for repairing other portions of the fences; £24 for attending to neglected drains; £4O for the cutting of noxious weeds. The claims were not exaggerated, and all the old lady plaintiff required was that the- property should be placed in the good order it was when the deefndant took it- o\ci. There was also a claim for for posts removed off -the property. There was also a claim for £SOO general damiU'es. The lease expired on October Ist, and as the property was a dairy farm it was then two months too late tc let the farm at a proper rental for the present dairying season. In this way plaintiff had suffered considerable less. Plaintiff only asked for something that she was reasonably, fairly and properly entitled to.

CONDITION OF PROPERTY DE-

SCRIBED.

Hannah Bennett, wife of Bertram Hosking Bennett, of Hawera, said site was a daughter of plaintiff. She bad known the property in question, all her life. Witness was present, when the lease now in question was drawn up to Bicknell for seven years, expiring on October Ist, 1921. The house was then in tenantable order, also the washhouse. The cottage was in good order, but had been moved by defendant. It was formerly occupied by a married couple. The fences were then in good order. Witness had seen the property recently, and it could only be described as a‘ ‘ Maori pah. ’ ’ Witness had. asked her mother to send for Mr Bickuel while she was home, but lie would not come until she bad gone away. Witness produced some photographs winch she had taken recently, showing the dilapidated condition it had got into. Certain repairs had been carried out so that another tenant could occupy tnc house. The cottage had been left in such a condition that not even a Maori could live in it. The repairs that have aiieady been carried out were not more than were absolutely required to make the property tennstable.- About 40 chains of fencing had completely disappeared, and other fences were left m bad repair. Noxious weeds growing on the property included blackberry, bioom and briar, and . the place, was overrun with elderfcery. There was no sign at Mr Bicknell having cut down any ol these weeds. Witness did not tiiink tho drains had been attended to for the whole of the seven years. . • Witness was subjected to a searching cross-examination by "Mr Blair with icgard to the condition of the buildings on the property, when a renewal of the lease to Bicknell was arranged in 1914, also with regard to the fencing that was missing, and to new fencing that had been erected by Bicknell.

PRESENT TENANT’S EVIDENCE. •* James Meilde, farmer, of Grcytown, said he took over the tenancy of the farm on Ist October, 1921. When he took over, the roof of the dwellinghouse was leaking, and the wallpapers were in a very insanitary condition. The papers were worn off through old age and the effect of a leaky roof. All the rooms were in a very bad state. (The place was in such a bad state that it. was not fit to take a lady to live in. The other buildings were also in bad order. There was only one end of a pig-stye left on the property. The fences were in bad condition, and some -of liis neighbours bad told him it' was like a Maori farm. There was a good quantity of blackberry and a fair quantityoil briar and broom on the property. Witness estimated it would cost about £45 to destroy these-weeds. -Since Ist October witness bad spent about £39 for fence repairs, and. Mrs Gallagher also had a man on repairing fences. A bi"- totnra troe on the property had been cut-down before witness took over, and a number of posts taken away. A BUILDER’S STATEMENT. Richard Wallis, builder and contractor, of Carterton, said he had been over Mrs Gallagher's property. He first inspected it at the end of November, 1921. Since then lie had carried out a number of repairs. Witness detailed the work actually done, and the repairs for

which estimates had been given. All the charges were reasonable. When he first saw' the house the scrim and paper were in a dilapidated condition. No work had been done that was unnecessary. The case is proceeding this afternoon.