LAW REPORTS.

Dominion, Volume 6, Issue 1714, 3 April 1913, Page 9

LAW REPORTS.

APPEAL COURT. WAS THE PATENT INFRINGED? milk agitating. The Court of Appeal continued its sitting iu Wellington yesterday. Joseph Hopkirlc appealed against-the i decision of tko Chief Justice (Sir Robert Stout) in a easo in which infringement of pattnt rights was alleged. In the original action, George Harrington MacEwam and J. B. MacEwan proceeded against .Hopkirk alleging that he had infringed patent rights which they held in a milk agitating machine. The decision of the Chief Justice was, as indicated above, in favour of the MacEwan s. Hopkirk new asked for the reversal of that judgment- . ..Mr. T. Neave, with whom was Mr. D. B. Hoggard, appeared for tho appellant Hopkirk; and Sir John l'indiay, with whom Sir. D; M. l'indiay appeared, represented G. 11. and. J. B. MacEwan. Argument' was being heard when the Coutt adjourned till this morning. -y A CASE FROM SOUTHLAND. MINING DISPUTE. A Southland dispute also was taken before the Court.. " On the beiich were their Honours Mr. Justice Denniston, Mr. Justice Edwards, Mr. Justice Cooper, and Mr. Justice Chapman. ... The parties wore the .Bound Hill Mining Company, Ltd.,. appellants, and the Ourawera Cn>ld Mining Co., Ltd., respondent.' Mr. W. iA. Stout, of, Invercargill, with him Mr. J. L. Stout, appeared for appellants; and Mr. John Moilatt, of Invercargill, for the respondents. The case was first heard beforo the Otago Warden's Court at Itivorton, when the Hound Hill Company applied for tv certificate of casement and an order for tho diversion of a' water-course. Tho warden held that a sludge channel proclaimed ns such was still a stream,- und that ho had power to order its diversion. Tho diversion across the Ourawera claim would :aot affect tho r Ourawera present or future workings, and would, cuable the. Round Hill Company to work a larger area. Ourawera Company had|a right to compensation in respect of the easement so that they were amply protected. The warden granted the ' application for a diversion, and also the easement over tho Ourawwa. claim, in-order that the diversion might, bo made. ' In tlie Supreme Court Sir Joshua Williams Jieard an appeal from the, warden's deoisioii. His Honour gave judgment for tha appellants (tlio Ourawera. Company), he holding that tho warden had 110 jurisdiction to authorise the diversion of a stream which had been proclaimed, a sludge channel. It. was against this decision tliat -the Round Hill Company now appealed. Decision was reserved'. . DECISIONS TO-DAY. This nioriiing iho Chief Justice (Sir Robert Stout) will deliver judgment iu tho following eases: —Orona Drainage Board v. Sluggish River Drainage Beard; Abraham v. f'ortc-T; and Wellington Harbour Board v. Union Steam Ship Com- ■ pany. ■ '