FLAXCUTTING RIGHTS.

Manawatu Herald, Volume XXXV, Issue 1082, 5 April 1913, Page 2

FLAXCUTTING RIGHTS.

AN. INJUNCTION GRANTED.

Reserved judgment in the case of Abraham and others v. Porter was delivered by his Honour the Chief Justice, at the Supreme Court, Wellington, yesterday morning. This was an action to recover damages from the defendant for cutting flax on lands said to be leased to the plaintiffs, or over which flaxcutting rights were granted to the plaintiff by the owner. There was also a claim for an injunction to prevent the defendant from cutting flax on the land in the season 19x2-13. The defendant in his . defence denied that the plaintiffs were the owners of the exclusive right, or of any other right, to cut flax from the lands specified ; and he said that any agreement that the plaintiffs had had been abandoned:

His Honour held that plaintiffs had an exclusive right, and that such right had not been abandoned. It was clear, however, from the evidence that the cutting in the season 1911-12 was authorised by the plaintiffs ; and for that cutting they could not recover, but the defendant had no right to cut for the season 1912-13.

Plaintiffs did not ask for damages, so his Honour did not deal with that question, but gave judgment that the injunction' be continued, with xos costs and disbursements to plaintiffs.