Another Flax Case

Feilding Star, Volume XI, Issue 102, 20 February 1890, Page 3

Another Flax Case

In the Supreme Court on Tuesday —before His Honor the Chief Justice and a special jury of twelve —an action was brought by* Mr James Donald against Messrs Dunk and Collins to recover £200 damages al-leged-to have been sustained by the plaintiff through the. defendants having allowed offensive vegetable and other matter to, flow into a drain to his annoy anoe and to the loss by death of some of his stock. Mr Skenett appeared for the plaintiff, the defendants being represented by Mr W. T. li. TraversA The parties to the suit are neighbors, being and carrying on business at Bamesse as sheep and cattle farmers, the defendants being also flaxmillers. From the opening address of counsel for the plaintiff it appeared that the drain referred to is an open one, cut for agricultural purposes, and running between the properties of the litigants. It was eon» tended that the waste water flowing through the drain from the defendants' flaxmill was drunk by stock belonging to the plaintiff, some, of which died, the.allegation being that they died from the polluted water from defendants' mill. The defence is that; the drainage from the mill was uot of suoh.a character as would injure sheep, supposing they drank of it. The case has been remanded.