COURT OF APPEAL

Dominion, Volume 7, Issue 2209, 23 July 1914, Page 11

COURT OF APPEAL

"TIMES" V. "DOMINION"LIBEL ACTION. HEARINC OF THE APPEAL. In the Court of Appeal yesterday afternoon, Mr. C. H. Mills, instructed by Mr. T. 0. A. Hislop, applied for a fixture for the appeal of the Wellington Publishing Company against the decision of the Chief Justice (Sir Robert Stout) in granting a change of venue in tho "Tiraes"-DoMiNioN case, in which two trials had resulted in disagreements. . Mr. Mills informed the Court that notice of appeal had been tiled, and' it was desired that the appeal be heard at the present sittings. Mr. Justice Denniston, the presiding Judge, said that the Court was prepared to offer every reasonable facility to the appellants provided the latter did what was necessary on their part. Mr. Mills stated' that the printing had been arranged, and the motion was for Thursday of nest week. ' Mr. Justice Edwards inquired, if. Mr. Mills was speaking for both parties. Mr. Mills's answer was that he was instructed'by defendant's solicitor (Mr. Hislop). He merely desired leave to set down the case for. the present .sittings. . Mr. Justice Denniston said th«re could be no to that. Leave would be granted'to set down. WAIRAU RIVER CROYNE. ARGUMENT CONCLUDED. Argument was'concluded in the Court of Appeal yesterday in the case of the Lower Wairau River Board v. the Spring Creek River Board. an : appeal from a decision of the Chief Justice in.whioh His Honour"had ordered the removal of a. portion of a groyne in tho bed of tho Wairau River. Mr. M. Myers, with Mr. 0. H. Mills, of Blenheim, appearod for the Lower Wairau River. Board, whilo Mr. 0. P. Skorrett, K.C.,' with Mr- A. Rogers, of Blenheim, appeared for., tho Spring Creek River Board. Decision'was reserved. SUPREME COURT. WATER SUPPLY AT RONA BAY. In order to determine the rights ,of residents as to water supply in' a-' portion of ltona Bay an action was brought' in the Supremo, Court yesterday beiore Uis .Honour tho Chief Justice (.Sir Robert cStout)'. The plaintiff in the action was Bartollo Russo, farmer,,of RotoV Rangij near To Awamutu, and the defendant was lieorgma Ridgivay, mii of James Ridgwu'y, butcher; of Roha Bay. Mr./T. S. Weston appeared .for Russo, whilo Mr. A. W. Biair, with Mr. if: B. Cooke, appeared for tho defendant. It was set out in the statement of. claim that Russo was tho owner of certain land at JLjna Bay, which land is crossed- by a small stream.' Oh this land there had been' erected a dam, from which a-pipe lino leads from ' Rona Street, to ; .6Upply.,c'ertain',persons, who originally' contributed" to the cost of. putting down tho pipe line. ■. Russo alleged that the.defendant l(Mrs.,.Ridg"wa'y) had unlawfully connected on- to this pipe for tho purpose of obtaining water supply for her property. Russo asked for an injunction .compelling' Mrs. Ridgwaj' to disconnect the pipe, and he also claimed £20 damages. Defendant (Mrs' Ridgway). admitted having connected with _ tho pipe line, but claimed leave and license, and disputed tho right of Russo to recover damages. ' ! Certain admissions had been filed in connection with the action and evidence was given by the plaintiff (Russo) and by J. P. Kelly, chief clerk in tho Locomotive Department of the New Zealand Railways. After ' hearing legal argument, His Honour reserved decision.