CLAIM FOR DAMAGES.

Hauraki Plains Gazette, Volume XXXVI, Issue 4812, 18 February 1925, Page 3

CLAIM FOR DAMAGES.

FLAX DESTROYED BY FIBEw CASE FROM PAEROA. An action claiming £1382 4s 6d damages wae commenced before His Honour Mr Justice Reed and jury at. the Supreme Court at Auckland on Monday afternoon. The plaintiff is John Endcan (Mr Leary), hotel, proprietor, of Auckland, and the defendant \\. F. North (Mr Tuck), draper, of Paeroa. In outlining the case for the plaintiff Mr Leary said the allegation was that a fire had been started by defendant on his own property at P*cr ia, and, aided- by a breeze which cropped up, the fire had spread <,to adjoining properties and caused considerable damage to a flax sivamp of plsi-Titiffi’s where, at the time, a mill was in operation. Evidence would be given that plaintiff was in the habit of lighting fires on his own property during week-ends, and the plaintiff contended that defendant had started the fire on the occasion when the damage wais done to Endean’s flax. For damage sustained by another farmer by the fire defendant had paid compensation. The defence filed appeared to be that the fire had spread io plaintiff’s flax from an adjoining property not owned by defendant, but the defendant had no knowledge of the fire, at the time, spreading in the direction of defendant’s property. A number of witnesses gave evidence as to the direction the fire had taken and the damage done to plaintiff's flax and property. The case was adjourned until todav..