The Borer Again

Progress, Volume XIII, Issue 6, 1 February 1918, Page 139

The Borer Again

A civil case presenting features of interest to householders was heard before Mr. E. C. Cutten, S.M., recently at the Magistrate's Court. Frederick A. Henley, land agent, Auckland (Mr. McConnell), sought to recover from Archibald Wallace, farmer, of Remuera (Mi-. liorrocks), the sum of £36 Bs., being balance claimed to be due by defendant for rent on a dwelling let by the plaintiff. Defendant counterclaimed to recover from plaintiff the sum of £3O, being the estimated value of damage done to defendant's piano by borer, which it was claimed had come out of the timber of the house. Liability for the rent was admitted. The evidence on the counter-claim showed that the house was a new one, in good order and condition, while the piano, although in an excellent state of preservation, was from 10 to 20 years old. Mr. McConnell applied for a nonsuit on the counter-claim on the grounds that there was no evidence that the house was not free from borer. This view was sustained by the magistrate, who held that it was not sufficiently proved that the piano had sustained damage by being in the house. He also stated that he did not think plaintiff could be held liable when he let an unfurnished house without the knowledge that it was affected by the borer. Judgment was also given for plaintiff on the claim.