SUPREME COURT

Dominion, Volume 11, Issue 49, 21 November 1917, Page 9

SUPREME COURT

AN ALLEGED NUISANCE CLAIM FOR DAMAGES His Honour Mr. Justice Chapman yes. terday hoard further evidence iu a caee which had been partly heard at Pnlmcrfiton North. The plaintiff was Thomas Poters Murray, of Queen's Avenue, Gonvillo, Wanganui, and llio defcndanU were the New Zealand Refrigerating Company, Ltd., of Wnnijaiiui. Tho plaintiff alleged in his slatomeiit of claim that lie was tho owner of a section of land at Gonville. The defendant company's works abutted on tho "lYangnnui River, and were contiguous to tho land of the plaintiff on the western side, Sinco nhout Novcnilwr, 1916, tlio defendants had allowed impure drainage and refuse to escape from their premises upon tho river finis and the land adjacent to that owned and occupied by the plaintiff. Tho plaintiff had also suffered through noisome smells emijttcd from tho works, and through the presence of ft lanre number of flies. He contended that his property had been reduced in value owiiiiT to the facts stated, and ho claimed J2200 and an injunction to restrain the defendant company from affectinq; his property further in the way described. Tho defence consisted in a general denial of tho plaintiff's allegations. Sir John Findlny, K.C.. and Jfr. C. P. Brown appeared far tho plaintiff, and Mr. C. T. Hkerrett, K.C., and Jfr. A. J. Luke for tire defendant company. The hoarinjj was not concluded when tho Court rose.

IN DIVORCE

Before the Chief Justice Sir Robert Stout, Norman Herbert sought, a divorce from hifi wife, Ortrtide Jf'Kwan. on the cround of adultery. The petitioner slated Hint flie respondent left him in May, 1 910, nnd eamo In Wellington. • She lived first at Karon nnd then at 5 Freling Street, Island Bay. ■Recently ?ho was convicted of keeping a house of ill-fame, and w;ib sentenced to six months' imprisonment. His Honour permitted Mr. 1\ W. .lockson, who appeared for the petitioner, to amend llir petition by malcinc it, nliepe that Iho respondent bad committed adultory with persons unknown, and nlso that she had kept a house of ill-fome. A decree nisi was granted. Mr. A. W. Blair, acting for Mr. H. F. O'T.eary, as counsel for tho respondent, did not oppose the petition.