ACTION FOR DAMAGES.

Taranaki Daily News, Volume LIII, Issue 308, 23 May 1911, Page 3

ACTION FOR DAMAGES.

A BUSH FIRE CASE. The Magistrate (Mr. 11. S. Fit/.her-1 bert) was engaged all Thursday last at the Opunake S.M. Court hearing a case brought by Morto Ilickey, of Opunake, farmer, against Robert Morris, of Opunake, farmer, and May Morris, his wife. The claim was for £l3B 10s I damages caused by a fire from defendants' property spreading on to plaintiff's property in February last, and doing i the latter considerable damage. Mr. Me- ] Davit t appeared for the plaintiff and j Mr. Spencc (of Stratford) for the defendants: After hearing a large number of witnesses for the plaintiff and hearing counsel, his Worship decided in favor of the defendants and non-suited the plaintiff on the ground that there was no actual evidence its to who had started the fire. Mr. MoDavitt had contended that there was.abundant circumstantial evidence that defendants had started the fire. His Worship said he agreed that there was a very strong presumption .that defendants had lit the 'fire, but that was not sufficient. There was no ,doubt that the fire that did the plaintiffs damage was the fire which started on defendants' land, in fact, this was frankly admit ted by Mr. Spence, counsel for defendants, but the plaintiff had further to prove that defendants or their servants actually lit the lire on defendants' land before it spread, and this plaintiff had not done. The fire on defendants' land may have come from some other land, or may have been started by some stranger or by accident, in which case defendants' would not be liable. Plaintiff was non-suited with costs against him amounting to £l6 Is 6d.