Friday, March 8.

Grey River Argus, Volume XII, Issue 1132, 14 March 1872, Page 3

Friday, March 8.

Graham, Hopley and party v. Alfred Borgerson and Co. A complaint that the defendants had deprived the plaintiffs of their head water, whereby their machinery was stopped and damage done to tbe amount of LICD. This "was another dispute arising from the scarcity of water in the bed of Half-Ounce Creek. The tilaintiffs are working below Mabille's leasehold, and they used the water com»ing!down the creek to work their waterwheeL The defendants diverted a portion of the creek water and carried it in their tail-boxes past the point where it could be made available for the plaintiffs use. The plaintiffs further alleged that by the defendant's act a clear fall of 4ft llin was lost in a distance of 117 ft. The damages were caused by the water rising in the complainant's workings owing to tbe stoppage of the machinery and by Joss through delay. A plan showing the ' coarse of the creek and the position of the different workings was here put in by the plaintiffs. The defendants denied tbe accuracy of this plan, and denied also that the plaintiffs were deprived of the water through any act of theirs. They bad offered to make an equitable arrangement with the plain-tiffs,-and they now complained that, in this instance they were sued for not allowing! water to mn towards one claim, and on the previous day they were complained against for allowing it to run "too much " in the direction of another claim. At > the. request of the defendants the Warden reserved his decision until be visited the ground.. On Saturday tbe Warden visited Half Ounce, and after a personal inspection made an equitable arrangement between the parties to tbe above disputes. Owing to tbe scarcity of water and the magnitude of the works going on, it was found impossible to enforce the Regulations strictly, without inflicting serious injury on either party. It was .decided that Borgerson's pprty were mostly to blame, but circumstances were against them. The costs, were divided. The Court was adjourned to the 14th March. " ' ■'