LAW REPORTS

Dominion, Volume 9, Issue 2643, 14 December 1915, Page 9

LAW REPORTS

SUPREME COURT CLAIM FOR AN INJUNCTION In the' Supreme Court yesterdaymorning, His,lrlonour Mr. Justice Hoskiiig commenced, tho hearing of a civil action in which Francis H. Guildford, foreman, of JoJinsonville, is plaintiff, and Alfred Alildenhall, builder, of Joluisonvillc, defendant. Mr. E. G. Jellicoe appeared lor tho plaintiff, and Mr. V. M. Wilford .for; the defendant. . Tho. plaintiff alleged that tho defendant had erected a structure over a stream at 'Jolmsoiiville, thereby creating .anuisance by reason of which tho plaintiff's property had been flooded and seriously damaged. The claim was for £100 damages, and an injunction restraining the defendant fromi continuing; tho nuisance. Defendant denied that the erection of tho structure had created a nuisance, and said that the plaintiff had expressly iin tho work at the time it was carried out'. After certain evidence had been tendered, tho hearing was adjourned ; in ■ order that; His Honour might view ilia property. The case will bo mentioned again on Friday, CASE ON APPEAL. His Honour Mr. Justice ' Chapman heard anv appeal from tho decision of the Magistrate's Court in the case of Editli May Hannah v.. Herbert C. Brice, restaurant-keeper. It appeared that on removing from Miss Hannah's premises in Lambton Quay, the defendant (Brice) had removed a range valued at £54, and Miss Hannah claimed the re'"turn of this or its value. Mr. L. G. Roid, S.M., decided in August last that the range was wrongfully removed, and he gave judgment for the plaintiff (Miss Hannah) for the return of tho .range or for payment of the sum of £35. Against this decision, the defendant (Brice) appealed yesterday to the Supremo Court. Mr. E. P., Bunny appeared yesterday for tho appellant,'while Mr. A. W. Blair appeared v for, the respondent. Decision-was reserved.