The Lime-Burners' Lawsuit.

Manawatu Herald, 20 December 1898, Page 2

The Lime-Burners' Lawsuit.

The Chief Justice delivered j^pj * ment last Friday morning in the case of Brooks v. Brenchley, in which the parties are rival lime-burners at Mauriceville, and the plaintiff sued for damages and an injunction on account of the alleged obstruction of certain streams. In his judgment his Honour expressed the opinion that it was a case in which both plaintiff and defendant had been for a considerable time, and unjustifiably, so conducting their opera* tions that refuse from their lime-kilns had fallen into the two streams bound* ing their properties. The plaintiff was now complaining of what the defendant had done being of a similar character to what he himself had previously done, but probably ceased to do because there was not the same necessity for doing it as there previously had been. He was satisfied that the defendant in bis operations on the Kopuaranga. stream had not been careful to prevent the refuse arising from his operations trom finding its way into the river, but he did not think that his intention was that it should do so, but rather to create an embankment so as to form the foundation of a road from his quarry and kiln. In his Honour's opinion no case had been made out for an injunction. Any damage the Plaintiff had sustained was trifling, 'he action had no merits, bat a legal wrong had been committed for which the defendant was liable to be sued,, and therefore he was obliged to find for the plaintiff, but with nominal damages £i. His Honour refused $© certify for costs. The action, accordfli ing to his conclusion, as to the injunction was not brought to try any other right than the right to the injunction, and in substance had failed. The plaintiff knew he had suffered no sub* stantial damage; he knew that the defendant did not threaten to do what was alleged. The conclusion was in* evitable that the plaintiff, believing that he could establish an actionabl|bd|wrong not causing real damage brought" the action not in bona fide assertion of and to protect a right, but from vindictive motives or for annoyance. —Post. *