PETONE COURT

Dominion, Volume 13, Issue 177, 22 April 1920, Page 5

PETONE COURT

'At tho Petono Magistrate's Court yesterday judgment by default was given for plaifitiff in the undefended eases-Collett and Co. v. .Tas. Burton, for ,#8 IBs. and costs 235. 6d.; nnd Neil Doneghue and Cn. v. T. AV. Rhodes, iC3 123, and lCs. costs.

Mrs. M. Wiegmaun and H. Wiegmaun, tho lessee.? of a property at Lower Hutt, claimcd from D. W. Campbpll the sum of ,£35 damages for aftcged trespass, damage to a cow-bail, and inconvenience suffered. Mr. Pere appeared for plaintiffs, and Mr. Treadwell for the defendant. The caso for plaintiff wag that defendant (who ha<l bought the property) had ordered plaintiffs to leave the property in one week, and had at tho expiration of that time broken up a-drain' leading from the cow-bail,■ thus endangering Mrs. Wiegmaun's dairy license, the place being rendered insanitary. They contended that one week was insufficient notice, and stated that they were not aware at the timo that defendant had purchased tho property. Defendant said he had given verbal notice prior to finding tho written one, and that he had not trespassed, as he had tho consent of the plaintiff (Mrs. Wiegmaun) to do certain v.ork in connection with tho erection c ; f a louse on tlie property. Ho denied having broken the drain, but admitted naving removed it after it had been smashed by a cart which passed over it.

His Worship, in awarding .£l7 10s. damages nnd costs' to Mrs. Wiegmaun, said defendant had evidently adopted a high-handed attitude. He also found that a month's notice was duo to plaintiffs. and that defendant's explanation respecting tho damaged drain was ir.suSicient. Mr. Wiennunm was non-suited.