Warden's Court.

Mount Ida Chronicle, Volume IV, Issue 226, 4 July 1873, Page 6

Warden's Court.

(Before H. W. Robinson, Esq., Warden.) The Shag Valley Freehold Quartz Mining. Company, registered v. the Perseverance Quartz Mining Company, registered.—Claim for £IOO damages, for injury done to complainants' dam at Shag Valley, by tailings frem the defendants' crushing machine. Both companies were represented by their respective managers. The history of this case, as it came out in evidence, is briefly as follows .—The Perseverance Company are entitled to a tail race leading from the machinery, and, at a certain distance down, by the terms of their grant, they were permitted to use the bed of the as their race, without making any artificial channel. The Shag Valley ■ Company subsequently obtained the grant for a dam, which they constructed across the gully, below the point where the Perseverance Company were bound to confine their tail race. They had then made their dam across the gully, where, in fact, the gully itself was the tail race of the defendants. The Court held that in doing this, they had exposed themselves to a risk for which they should have made provision, and'dismissed the complaint with costs, and £8 14s. expenses of defendants. ' Grants.—M. Swan, residence area and dam ; Alfred Upsdale, water race ; G. P. Cockerell, tail race, dam, and residence area.