AN IMPORTANT CASE.

Waikato Times, Volume XXXIX, Issue 3150, 1 September 1892, Page 2

AN IMPORTANT CASE.

At Te Arohaou Tuesday, before Mr W. H. Northcroft, R.M., Messrs Coales and Metcolfe sued Cole and Aylward, for £20 damages for wrongfully cutting and removing flax belonging to them. Mr W. McGregor Hay, of Hamilton, appeared for the plaintiffs. The evidence of Mr Coates showed the right of his firm to the flax, also the value of the amount which had been cut by defendants, some 30 tons, to be 14s or 15s per ton atthomill. He claimed £15 for the value of the flax, and £5 as special damages. The defendants admitting having cut the flux, and had offered Mr Coates £2 which he had refused. Judgment was given for plaintiff for £20, and cost £6 13s (id.— In giving judgment the R.M. remarked very strongly on the. practice of fUx-cutter.s taking the raw roaterinl from wherever they could get it without considering the rights of property. Many of them thought they were at liberty to cut and remove flax from tho public roa'ia and it might save some litigation if they knew his opinion on the subject which was that in such a case they were robbing the local body. As t> the basis on which Mr Hay claimed to have the damage assessed, viz., the market price of the flax after it had been cut and delivered at defendants' mill he said he was prepared to go even farther than that, and rule that the defendants' wrongful act could not transfer the property in the flax, and if they could prove that any of the fibre in defendants' mill was made from plaintiffs'flax they would be justified in taking the whole of defendants' fibre. It has been held that if one person so mix his good 3 with like goods of another neither can be distinguished the whole becomes the property of the innocent person. j