SPREADING "PIE"

Dominion, Volume 13, Issue 26, 25 October 1919, Page 3

SPREADING "PIE"

ALLEGED NUISANCE MANURE FOR A MARKET GARDEN The bearing'of the action brought by Maurice Edward Denniston, surgeon deal'.st, of Taita,'. against Alfred Walters oud Philip Walters, of-Taita, market garr doners, was continued yesterday in the Supreme Court 'by 11 is Honour the .Chief ■/Justice (Sir Robert Stout). " „.-,Mr. T..-Neavc appeared for the plaintiff, Mr. H. F. O'Leary for Alfred Walters; aud Mr, A. B. Sierwrigkt for Philip Walters. Tho allegation of the plaintiff was that he- had suffered damago from offensive nnd pestilential, smells and vapours caused by defendants to go into the plaintiff's dwellinghouse at Park 'Avenue, Taita, rendering thq dwelling unhealthy and unfit for habitation. ~ Ho further alleged that tho smells and vapours were caused by tho defendants spreading cer;tain noxious, matter bomnionly.known as "pie," tho refuse from the works of tho ..Giwi- Meat Company, on the land which adjoins plaintiff's premises. Plaintiff 'sought an injunction and .£2OO damages. Alfred Walters, in his statement of defence, denied that any injur}- or damage had been caused the plaintiff, and, further. that if it wero'proved that plaintiff had "suffered damage from the spreading of "pie/' as alleged, then it had not been spread by Alfred AY alters, but liy tho tenant Philip Walters, who was in ..occupation of the land by agreement in writing,, dated March 1, 1018. Philip Walters denied all the allegations of the plaintiff. . ■ Charles Francis Lowe, apprentice fittnr at ~the, Peton? .Workshops,' °"id he lived in.town,'and travelled to-Pettmo Worltshops"by trailK "Pie" pickers working at ' the works at Ngahauranga and the Gear Meat Works traveled by. tlie train during tlie killing season, and these .men were. Always avoided in'the train because of the smell attaching to them, owing to their special work. .The smell was the most/abominable .that ho had ever experienced. Mr.'O'Leary said that' on behalf of Alfred Walters he submitted- that whatever the liability of his son might be, nnd whether or-not-a ease had ten made out sufficiently strong to warrant .the Court.in issuing-an injunction, that Alfred-Walters-was not liable for Hi;k ■nuisance,, and.the.claim against him could not-, succeed. ■■■ • - .

Alfred Wallters said' that ho lived at Taita,- aiid was 'a retired, market gardener. Ho owned 32J acres at Tnita, and .had owned land for tl>e past sateen or 'seventeen years. He had worked the land as a market garden. He left his farm about seven- yeais ago, and let it ■to'his sons, who had continued iii occupation. They had a verbal agreement' and '.the boys paid him a rental.',."Pie' had been used on the property occasionally before 1912, and fchcro was no objection on tho part of his neighbours to it. Ha had used hundreds of tons of the "pie" on Mason's gardens when employed there. After he left his farm his sons used the "pie", on the '.'land,, There- was no obligation on their part to farm in any particular'way,; In the past three or four years "pie" had been used on tho,'property •as manure. He had not helped in the spreading of "pie" for' the.',last eighteen months. Before. March of last year ho had,a verbal arrangement with his sons and they held tho properly in common. During the war his soils were called'up, but Philip failed-'to pass, and ho thought it best to let. the 'farm to Philip, and a written agreement was entered into between Philip and himself.' Philip was gtill in occupation. , The "pie"-was a very good manure, and vas-u?cd becausedther fertilisers, and especially, sulpha-to. of ammonia,. were'unobtainable. -With Tespect to tli'o smell, he would prefer working with "pie" to any other fertiliser.The Gear Company had adopted, a process by which the odour of "pie" was considerably reduced, and was now no 'worse than ordiiiaa-j; stable manure. He was not aware'that the neighbours objected, to. the',use.-.of the. "pies"..until ha received a note from Mr.'. Denniston about-t,hreevy'eitrs iigo,: .-At-that time -tho boj's did nqt know how to use the \pie," but latjjWjf "K?" V!iß covered ,-imUi'ely it v.» put into the furrhon iV )' -,)• . • —■'<tr. Neore: He leased-the farm to .'»ii"ulip because he wanted to i»ss the responsibility^the farm.fin to him. He entered into Philip about the enu o:'the kiilij ; 3 season. He 'knew"the was-beiiig epread on the land prior, to March, 1918. He had been prosecuted by the' Health Department in respect to the spreading of "pie." On two or three occasions ho had obtained "pie" from the Meat Company's works at Ngahauranga, but tliis'company did not pay for the removal of the stuff. 'The Gear Company paid for the-removal of the "pie,"' but he did not know what bis sons, were paid. . None of the other., market gardeners used the pie, probably ' because "tliey could not got. it. Mr. Neave: Do you know that the Meat Export Company would 'bo glad to get rid of this stuff if anyone would take it' nwny?—"That is a so." • . Do you know- that they go to tho trouble and ex pease of burying the "pio" in cinders?—" That may be bo,"

■ Witness, continuing, said that the market gardeners could.get that .'.'pie" if they desired. They had not got tho conveyance to take it-away. It required a special * vehicle and strong horses. - Mr. Neave: And a strong driver to 6tand the smell.

■ Continuing, witness said the "pie" was not in [iquid form, and could be carricd nway in ajenrt. Market gardeners who retiuired "pie" would have to get it from.Ngaliauranga; they could not get it from the Gear Company, as his sons had'a contract with the, Gear Company to cart tho stuff away. About 100 tons of

"pie" was,placed 011 his land every scape n. When tliey heard of coitlplaints from their, neighbours they tried to abate, the nuisance by ploughing in the "pie" immediately it was spread. Mr. Sievwright, for Philip Walters, stated that lie would bring forward evidence to show: that all nianures gavo off a l 'certain, amount of smell, and that' tho smell from "pie" was not so great as that given off by bono dust and blood uia 11 it re. . Jack D'Artli said he worked as a pie-picker nt the Gear Meat Works, and ■ liad-nob known any of the-workers 6iiffer from'tho effects of tho smell.' The wit-nessi-ileforibed' the composition .of the "pie"'and the sanitary precautions observed., Tlioro was. 'no' offensive smsll when tho "pie" reached Hie pickers, who picked'the wool off the skin, and transferred the latter to n bag. To Mr. Neave: He.had no experience of the "pie"- after it, was bagged, mid coiild not say whether the smell arising froni it when spread on the land was offensive or not; ". , PJiihard' Appa, also a ■ pie-picker at the Gear works for about eleven years, gavo similar ovidenee. - Philip Walters, market gardener, tho other defendant, said he had been carting, "pie" for 11 or 15 years. It had had no ill effect on him. ■ People seemed to have th 4 idea that there must bo a .smell' from the "pie," whilo as a matter of • fact there was practically no smell from "pie" now. He had had more complaint's over carting stable manure than over carting "pie." Witness described how the "pie" was spread in tho furrows and completely covered over, and the tiin.e taken up in this operation varied from 30 to 45 minutes. There wias not much difference between the smell of blood mannro and that of "pie." There was absolutely no smell after "pie." was ploughed in • Frederick Westbury, markei gardener, and a neighbour of the defendant's for twenty years, said he knew that the defendants used "pie," and thnt they carted it past his door. Ho tad not noticed any special' smeSl; at all events he had noi. been' tiouhlcd with it. Ho had not nsrd '"pie" in his market gardening operations. , . i ftouberi King, who admitted that ho was'9o. years and 3 months old, said that lie had resided ii the Hutt for about GO vears, and hud known tho Walters family for about ,45 years. Ho had been a frequent visitor lo tho farm . of tho. defendants, and he had not smelt anything offensive. He had experience of "pie" on hi? land about 18 months ago. It was put on the- land and not ploughed in. There was no complaint from the neighbours or anyone else. ,

—To-Mr. Neavo: 110. was the father-in-law of Philip Wmiters, ope of the defendants.

Lucy Ada Walters, wife of Charles Walters, Edith Alico Walters, wife of John ]?. Walters, James Cottle, and William Cottle, also gave evidence, and the further hearing of the case wis .adjourned until 11.30 o'clock this morning.