A SINGULAR CASE.

Rangitikei Advocate and Manawatu Argus, Volume XXXI, Issue 8759, 8 March 1907, Page 2

A SINGULAR CASE.

Per Press Association. Wellington March 7.

Justice Cooper and a special jury of twelve wore engaged to-day in hearing the case of John Bussell, of Waitara, and George Pott, of Now Plymouth, versus the Kegistrar-General of Lands.' Plaintiffs had leased from Murgatfoyd Bros., who held the land under Tease from the AVaitara Harbour Board of three acres at Waitara for the purposes of a felmongery and created cprtniji buildings and machinery. After those improveincuts had been effected the title was claimed by certain natives by virtue of a Crown grant issued to them prior to the registration of the lease or any grant issued to the AA r aitara Harbour Board, — A the northern boundary of the land was claimed by "atWjw a stream, wiiich separated it from u—J 1 maindor of the land included in plaintiff’s leasehold. This stream was «Sed by plaintiff Pott for the purpose of his' business.- : In August 1904 the native owners brought an'actio* against the plaintiff claiming that ho ■ had trespassed' on the land in question, and had dammed,, fouled, or otherwise misused the waters flowing in ths stream. On the trial of that action the native owners recovered damages to the extent of JMB and costs, and by reason of j his verdict Pott declared that the pro_perty was consequently absolutely ijsgless to him. ’ The present case was brought for assessment of damages and the plaintiff claimed 41000, The jury, after an absence of three-quarters of an, hopr, returned a verdictiby a majority of top to two, which, by consent of the parties, was accepted, of .£750. J udgment was ingly entered with costs on the highest scale.