AN IMPORTANT JUDGMENT.

Taranaki Daily News, Volume L, Issue 57, 8 March 1907, Page 3

AN IMPORTANT JUDGMENT.

« RUSSELL AND POTT'S DAMAGES CLAIM. REGISTRAR'S LIABILITY FOR CORRECT TITLES. JURY AWARD £750. (Special to "News.") Wellington, March 7. In the Supreme Court at Wellington, the important Taranaki case, Russell and Pott, versus the RegistrarGeneral, was heard to-day by Mr Justice Cooper, with a special jury, of .Which Mr Edward Pearee was foreman. Mr Skerrett, with Mr Quilliaiu, of New Plymouth, appeared for the plaintiffs, while Mr Chapman defended. This case, which has been before the Courts for a considerable time, was a claim for £IOOO damages alleged to have been sustained by George Pott, iellmonger, of Waitara, by reason oi his being deprived of lauds at Waitara. which he held} only ay a lease under the Land Transfer Act from the Waitara Habor Board. The Court of Appeal had already decided that the Land Transfer Assurance Fund was liable to make good the plaintiff's loss, and the present action was to determine the extent of the damages. Evidence for plaintiffs was given by F. P. Corkill, land agent, J. (I. Rn-eli. accountant, S. 11. James, fehmouger, and J. D. Wyllie, land agent and for the defendant by T. liuchanan and S. Hill, valuers, L. Ste-le, J. Rawlinson tanner, and Rangi Taura, the adjoining Maori owner. After a short retirement, the jury intimated that they were prepared to offer a ten-twelfths verdict, and counsel on both sides accepted this. The award was .€750, anil the Court granted the plaintiff's costs on the highest Scale,

HISTORY OF THE CASK. Per Press Association. ■ Wellington, March 7. . Mr Justice Cooper and a special juy of twelve were' engaged to-day ill . hearing the case of John Russell, of Waitara, and George Pott, of New Plymouth, versus the Begistrav-Geueral of Lands. Plaintiffs liad leased fom Murgatroyd .Bros., who held land un- • der lease from the Waitara Harbor Board, three acres at Waitara for the purpose of a fellmongery, and erected certain buildings and machinery. After these were effected, the title was claimed by certain natives by virtue of a Crown grant ißSued to them prior to the registration of the lease or any grant issued to the Waitara Harbor 15 oil Til, and the northern boundary of the land was claimed by the natives as a running steam which sepaated it from the remainder of the land included in plaintiffs' leasehold. This stream wa3 used by plaintiff Pott for V the purpose of his business. In August, 1904, the native owners brougjt an action against plaintiffs, claiming .that they had trespassed upon the laud in question, and had dammed, fouled or otherwise misused the water (lowing in the stream. On the trial oi that action, the native owners recovered damages to the extent of C4B. and eosts. By reason of this verdict, Pott declared that the property was consequently absolutely useless to him. The present case was brought for assessment of damages.