LAW REPORTS.

Dominion, Volume 9, Issue 2780, 26 May 1916, Page 8

LAW REPORTS.

SUPREME COURT j CLAIM AGAINST A BREWERY AN UNUSUAL CASE A somewhat unusual caso came before His Honour Mr. Justice Hosking in tho Supremo Court yestorday. Mrs. Sarah Bootes, wife of Mr. Arthur pootes, verger oi St. Paul's, claimed from Messrs. J Staples and Co., J,M„ ~£sOl. damans, nn,j an injunction to restrain the defen' dant company from the continuance' of certain operations connected with their business, awards the end of last year the company extended their buildmes and these now premises adjoined Mrs! Lootos s boardinghousc. in Murphy Street lhe plaintiff had been. much disturbed' by the noise of an engine and obieetionab e vapours. urising from brewin» operations. Mr. T. M. Wilford aprS for tho Plaintiff and Mr. A. W. Blair tor the dofendaut company. Mr. O'homas Madclen, secretary to Staples and Co., Ltd., described the S® extensions beint; made to the brewery, and admitted that if there wero otlensiYo smells arising from the brewery, and Mre. Bootes's windows were open on the southerly side, and a southerly Wind blowing, they would penetrate her rooms. But the smell of malt was not unhealthy. As to the alleged vibration caused by the engine, .witness said there had been no alteration in the much inery for tiro yenrs, and since then the engine liiikl been enclosed in a '.more substantial structure. By deod with Mrs. btevenson (the oirner of the property occupiod •by the plaintiff), the defendant company , had paid .£6OO, and were discharged for all claim for any allied lijjisance that might then or at any future timo exist, and in adjustment of any land taken and damage done to Mrs. otevenson 9 property by the contractor. J-lie clauu was paid to get rid of anv existing and future trouble. , r I Wilford said his client, liad only heaid of this deed that morning. beveral witnesses testified to the pre, wnco of objectionable odours. One alleged that she had been overpowered by the smolls. and vomited. "Theso smells get one_down so," said tho saino lady. 1 iS° Nias, Charles Lansdown, and Albert Edward Lewin wcra witnesses who had been boarders at Bootes's, for tho plaintiff, ' AJthen, Walker, a Wellington Woollen Co. 8 employee, said she had lived for fourteen months at Bootes's, leaving six or seven weeks ago. She hßd'experience! no bud smells from the brewers. . Herbert Bndger, newsagent, bore similar testimony. f "The smell of hops or malt is. not offensive, he said. Fred. Se?ar engineer -to Staples and Co., said the ga s engine was beddod nn 12 feet of concrete let into tho solid clay. He could detect 110 vibration, and no shake even inside the building. There was a bad smell the day tho plaintiff wrote to Mr. Madden, due to the escape of ammonia, but that lasted only two hours. Mr. Blair heir] that there could be no question of an injunction in this case, as tho company had an eanement to narrv on their business .and that .was attache* re 11 3 0 s ' '®^ e,r ="son's proiiertv Jt there was a ijumnco, damage had (0 be proved.

Jhe case was acljiMiftie/I (;11 this morn*