DREDGING V. FARMING.

Greymouth Evening Star, Volume XXXI, 24 December 1901, Page 4

DREDGING V. FARMING.

Another Dunedin Case.

(Special to “Stab.”) Dunedin, This Day. Mr Justice Williams to-day gave judg ment in the case McKenzie v. The Waimumu Queen Gold Dredging Coy, a claim for damages, and an injunction to restrain the Coy from polluting and shallowing the Waimumu Creek.

The defendant Coy denied the pollution, and asserted that plaintiffs or one of them had acquiesced in the pollution. Also that plaintiff’s predecessor in the title, John Thomson, in 1897, gave leave to the Waimumu Company, and that the plaintiffs knowing this bought the land for the purpose of mining operations. His Honor found in favour of plaintiffs for 40s damages and an injunction. Mr W. C. MacGregor asked that the injunction should be iu the office for three months, plaintiffs would not be benefited by stopping this particutar company, whilst other companies that might have better defence were allowed to go on. Mr Hosking replied that the other companies would have notice at once, and if they persisted proceedings would be taken against them. To allow the injunction to stand over for three months, would bo to expose the plaintiff’s land to flood, and to allow the companies to approach some what nearer the time when they would have got dll they wanted out of the river. His Honour detided that the injuetion should be in the office till 7th February.