Feilding R.M. Court

Feilding Star, Volume X, Issue 130, 9 May 1889, Page 2

Feilding R.M. Court

This Day. ■ (Before Mr Brabant, R.M.) Bailey Bros. v. Lyeett and Cross. — Claim £17 18s lid. Adjourned for three months (the sitting day of the Court in August) at the request of Mr Sandilands for plaintiffs. T. It. Taylor v. Hoana Hakaraia. — Claim £21 Is 9d. Mr Sandilands for plaintiff. Judgment for plaintiff and costs £3 18s. A. and J. B. Pringle v. E. G. McDermott. — Claim £7 5s 3d. Mr Sandilands for plaintiff. Judgment for plaintiff and costs £1 17s. W. G. Haybittle v. F. Klink.— Claim £3 lis 7d. Mr Sandilands for plaintiff. Judgment for plaintiff and costs 6s. "W. A. Sandilands v. John Parker. — Claim £17 103. Mr Prior for plaintiff. Judgment for plaintiff and costs 425, less £4 which had already been paid. Manchester Road District v. John Rush. —Claim £2 12s 2d. Charles Bray (junr.), collector for the Board, proved the claim. Judgment for plaintiff and costs 6s, Same v. Mrs L. Flyger. — Claim £4 13s 6d. Judgment for plaintiff and costs 10s. Same v. T. E. Edwards.— Claim»£l 15s Bd. Judgment for plaintiff and costs 10s. Same v. J. P. Maxwell.— Claim 8s lOd. Judgment for plaintiff and costs 7s, less 4s ld which had already been paid. Fowler Bros. v. Trainer Bros. — Claim £12 10s 6d. Mr Cooke for plaintiff. Mr Hilton Fowler proved the claim. Judgment for plainliff and costs. Stephen Oliver v. Charles Crocker. — Claim £1 ss. Mr Cooke tor plaintiff. Mrs Oliver proved the case. Judgment for plaintiff and costs. judgment summons. Dr Johnston v. E. J. Coleman. — Claim £3 Is 6d. Mr Cooke for plaintiff. The amount was ordered to be paid on or before 31st May, or in default five days in Wanganui Gaol. W. Baker v. C. Pharazyn.— Cfaim £74 13s. This was a bush burning case, and claim for damages. Mr Sandilands opened the case for plaintiff. Mr Hankins appeared for defendant. Mr Hankins drew attention to the fact a claim for special damage had been made, but he had not been furnished with particulars. Mr Sandilands explained there was special and general damage. W. Baker deposed : He was a farmer, residing about four miles from Feilding ; (a plan of the Manchester Block was produced and the relative positions of the properties shown) ; there was some bush felled on Pharazyn's land in December and burned in February or March ; the bush was dry; saw Little, manager for Pharazyn, about the fire ; he did not mention who had fired the bush ; Little had giyen notice to H. Burrell he would fire the bush ; when Pharazyn's bush was burned the wind blew t-hs iirs across the road to witness' property, and destroyed grass, fruit and ornamental trees, and everything in the garden ; (letter, dated 28th March, 1889, to Little produced, written by witness, giving particulars and value of damage done — £73 10s) ; saw Little who said he (witness) would have to get the money out of court ; Little admitted damage had been done, but not to the extent claimed ; had lost time in trying to stay the progress of the fire ; claimed 20s per day for his trouble ; the fire had been in Burrell's property before it came to that on witness' ; had been living on the property 8 years ; assessed the damage for his grass at 30s per acre, value for oil grass (3 years)! ; the grass will have to be re-sown ; had already paid £10 for grass seed ; it was impossible to say whether the fire spread fom the road on the land. Cross-examined by Mr Hankins : It was about 2 miles from witness' to Little's ; could not give the date exactly when he first saw the fire on his land ; it was a few days before the iß.h March ; made no memo, because he never expected it to come into court ; when he first saw the fire it was over about a quarter of an acre; did not give Little notice on that day. [Left Sitting.]