CLAIM FOR DAMAGES

Dominion, Volume 10, Issue 3150, 31 July 1917, Page 11

CLAIM FOR DAMAGES

JUDGMENT FOR DEFENDANT

Kig Honour. Mr. Justice Chapman .yesterday heard a, caso in which Emily Diamond, boavdinshoußC-keepei", claimed from Aliec (J. Stevenson. *£250 damages for letting as a clean and habitable abodfi a house which was declared by plaintiff to bo bug-infested. Mr. 'J!« M. Wilford appeared for plaintiff, and Mr. C. P. Sfcerrett, K.C.; and Mr. C. W. Trinffham for. defendant. • Emily Diamond, plaintiff, said that she rented No, 15 Little Pipltea Street, from Mrs. Stevonson two years ago. It was a fire-roomed houfie* and appeared to be clean, but as.soon as sho eutered into possession she found signs of bugs.' Tho.first night plaintiff saw them running: up the walls. Plaintiff saw Mrs. "tevenson ami made a complaint to her about the dues. Defendant said they must have been brought by an old woman who had come from a little shop that was rotten with bugs. Defendant frequently promised to have tho place cleaued up, but did uothhiff. The proporty was a hospital lease; WUuees refused to pay any more rent till the place was put right. Edith O'Connor, wife of .a labourer residing in tho adjoining premises, gave evidence as to a conversation between plaintiff and. defendant. Soyoral witnesses alleged. that they had seen the bugs in plaintiff's house. Mr. fikerrett 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 no implied warranty aB to the house. # His honour said that ho would hear evidence tor tho 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 defendants bohalf, Mr. Skerrett characterised plaintiffs aotion as "a new way of paying off rent. The action, lie submitted, was entirely unmeritorious. Defendant was to possession, and owed £52 4 rental. There was no evideuco upon which defendant could be charged with fraud. His Honour save judgment for defendant, with costs on the lowest scale.