CLAIM FOR DAMAGES

Dominion, Volume 10, Issue 3150, 31 July 1917, Page 9

CLAIM FOR DAMAGES

JUDGMENT FOR DEFENDANT Hi.i Honour ilr. Justice Chapman .vrslerday hrnnl a caso in which Emily -Diamond, hoardinifhouse-keeper, claimed, from Alice (J. Stevcnßon '£250 rlamagi'H for lrtlitiK aH a clean and habitable abode a. house- which was declared by plaintifl to bo uug-infestod. Mr. 'J!. IF. Wilford appeared for plaintiff and Mr. C. I*. Skerrett, K.C., and Mr. (J W. 'i'rineham for defendant. Emily Diamond, plaintlfl, snid that she rented No. 15 Little Pipitca Street, from Mrs. Stovonson two years ago. It was ii five-roomed hoimp. and appeared to be clean, hut as soon ns she entered into nossession Flic found signe of bugs. The. first nwlii, plaintiil saw them running np the walls. l'laintifl saw Mrs. Stevenson and made a complaint to her about, the hues Defendant said they must have been brought by an old woman who had conie from a little, shop that was rotten with bilge. Defendant frequently promised to have the, place cleaned up, but did notliiiiß. Tho property was a hospital lease. WUueES refused to pay any more rent till the place was put right. .Edith O'Connor, wife of a labourer re siding in the adjoining premises, gave cyi denco as to a conversation between plaiu till and defendant. Several witnesses allceed that they had seen the bugs in plaintiff's house. Mr. Skerrett moved for a non-suit on the ground that a landlord was not obliged to proffer information as to possible defects in a tenement. There, was )jo implied warranty as to the house. His honour said that ho would hear evidence lor the defence. Alice Chapman Stevenson, widow, said that when she let the property sho had no reason to believe that it was bug-in-fested. She said that if the place was cleaned she was willing to pay tho expense. Plaintiff, was very much behind with her rent. In his final address on defendant's behalf, Mr. Skerrett characterised plaintiff's aotion as new way of paying off rent." Tho action, he submitted, was entirely un meritorious. Defendant was hanging on to possession, and owed £52 rental. There wag no evidence upon which defendaut could be charsed with fraud. His Honour save judgment for defend ant, with costs on the lowest scale.