LAW REPORTS.

Dominion, Volume 5, Issue 1542, 11 September 1912, Page 5

LAW REPORTS.

SUPREME. COURT. (Before his Honour Mr. Justice Chapman.) THE "BURN OUT" AT WAIKANAE. SCENE TO-BE VIEWED. . Further evidence was heard in the Supremo Court yesterday,'before Mr. Justice Chapman, in the action in which .£2827 10s. damages was claimed for alleged destruction of certain flax property near Waiknnae. The plaintiff in the action is Archibald Arthur Brown, farmer and flaxmiller, of Waikanae. The defendants are- Frank Hadfield and Ifcilph Hadfield, i farmers, of Waikanae. Arabella Hadhelu (mother of the deiendauts) had originally been joined as a defendant, but action against her was discontinued. Mr. C. I'. Skerrett, K.C., with him Mr. • A. de B. Brandon, jun., appeared for the plaintiff, while Mr. C. B. Monson, with him Mr. E. F. Hadfield appeared tor the defendants. Particulars of the claim and the defence were published in yesterday/s issue. Plaintiff is the lessee of a property near Waiknnae and-tha-licensee of flax-cutting rights on a neighbouring property. A big fire occurred in the vicinity on Sunday, September 10, lftll, and it was on account of the destruction wrought to flax, and otner property by this fire that the action for damages was brought. A special jury of twelve was called tor tho hearing, but Mr. Skerrett mentioned at the outset that the jury would not be asked to assess the amount of damages. It had been arranged, ho said, that in the.event of a verdict foi tho plaintiff tho damages would he fixed by arbitration. , Tho. case will not be concluded before to-morrow. Lengthy evidence was heard on' Monday, ana was not completed yesterday until after 5 p.m. To-day four members of the special jury, accompanied by delegates from either side, will visit Waikanae to view the scene of the "burn out." Argument will be proceeded with tomorrow morning.