RESIDENT MAGISTRATE'S COURT.

Evening Star, Volume VIII, Issue 2361, 26 October 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

Tms Day. (Before A. C. Strode, Esq , R. M.) Civil Cases. Smith v. Knight.—A claim for L2O, compensation for damage done to property in consequence of catting a bank away. Mr M ‘ Keay for the plaintiff; Mr Howorth for the defendant. Mr Smith, the plaintiff, said he was the owner of the property alleged to bo damaged. Mrs Knight owns the section immediately adjoining. He had lived upon his properly nearly seven years. None of tho soil had slipped while he remained on tho ground, although ho had a hole dug which received surface water. Mrs Knight had lived there about three years. She put up a building near tho boundary about eighteen months ago. In conversation with Mrs Knight, he told her he thought she had done wrong in cutting away the ground so near the boundary of his property. She replied she could do with her own property as she liked. The slipping of the ground caused a great hole to he made in the property, which would cost about Bfi to (ill up, and it would be necessary to build a retaining wall at the cost of LI4. Mrs Knight safcl if his land went down, she would wheel it away. He offered to put up a good strong fence, half of the expense of which Mrs Knight agreed to pay. He did so, but the ground had since came down, and the fence was slipping down every day. In reply to Mr Howorth, the plaintiff said prior to Mrs Knight purchasing the property the hank had been cut, and throe cottages were on the ground. He put up the fence himself as a skilled workman, and to his own satisfaction. He received payment from Mr Meyer for Mrs Knight’s share of the expense. He did not know that o;o of the piles was used by one of his tenants as a clothes post. If it had been so used, it might have caused the ground to give way. The plaint stated the claim was for damage between 21st May and Ist (September, 18(39. The fence was finished on the 21 st August, 1809. During those nine days no damage was done. It was understood that up to the Ist September, 1809, s > long as Mrs Knight cut no more of the bank away, the matter was to end. Mr Howorth submitted there was no case, and the plaintiff was nonsuited. Cook v. Evans. —Adjourned to Friday.