RESIDENT MAGISTRATE’S COURT.
This Day. • (Before A. C. Strode, Esq., R.M.) Evans v. Carey.—The defendant only appeared, and the case was struck out. Calder v. Baxter, LI 10s 6d, for monej paid at the request of defendant. Mr Stout for the plaintiff. Judgment by default for the plaintiff for the amount, with Costs. Wishart V. North, L2o.—Mr Stout for the plaintiff; Mr Mansford for the defendant. This was an action for damages alleged to have been done through breaking a culvert and drain on plaintiffs property. The litigants are neighbors, living in Pbrtohello district. The cause of action arose through a proposed alteration of a road-line, which defendant seemed to have considered arranged with the Provincial Government, and made use of. The complaint was that, on this roadline a culvert was stopped by defendant, which caused water to be thrown upon certain low lands, to the injury of the crops upon them; and that, instead of traversing the road within the limits of the proposed deviation, he had encroached six feet upon the adjoining land. lu cross-examinatien the plaintiff said he had fenced the old road on the beach, but not at the deviation. Judgment for the plaintiff, Ll2 and costs. Crowhurst v. Anderson and others.—Ll 5, for damage through the water conveyed across his garden overflowing, in consequence of the carelessness of the defendant. Mr Stout for the plaintiff; Mr Harris for the defendant, (Left sitting.)
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Evening Star, Issue 2892, 27 May 1872, Page 2
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237RESIDENT MAGISTRATE’S COURT. Evening Star, Issue 2892, 27 May 1872, Page 2
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