RESIDENT MAGISTRATE'S COURT.

Thames Star, Volume XVI, Issue 5026, 20 February 1885, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAF. (Before H. Kenrick, Esq., R.M.) CIVIL SIDE. Judgments foe Plaintiffs. James Kilgour v. Jane Keleher.—Claim, £6 Is, for rent.—Judgment for the amount claimed and costs, 10s. Wilson v. Hohepa Hikatro, and Moars v. the Same, were adjourned to allow the defendant to dispose of land and settle the claims. T. Wood v. Wikirinihi Hautonga.— Claim, £4) ss, for goods.—Judgment for amount and costs, 10s. W. Bobbett v. H. Autridge.—Claim, £10 15s Bd, for goods sold—Judgment for amount, by confessioa, and casts, £1 17s 6d. Thames County -Council v. Kuranui Hill G.M.Co.—Claim, £28 14s sd, for water supplied.—Judgment for amount, claimed aud costs, £2 12s.—Shortly after, the judgment had been given, the manager of the company appeared in f Court prepared to satisfy the claim. Defended Case. . t. Bpenceb v. Thames county council. Claim, £10, damages occasioned by the overflow of the County water race. Mr Lush for plaintiff, and Mr Miller for the defendant. , T. Spencer deposed that on the 18th and 17th of August last a slip occurred in the water race, blocking it up, and there was at the same time a flood in the Waikiekie creek, causing a considerable flood on his (plaintiff's) land, and doing considerable damage by carrying away fencing and depositing silt and rubbish on his ground. It would take about £20 or £30 ' to wholly repair the damage done. Had already spent about £10 in endeavoring to repair it. I To Mr Miller: This was the same creek that he was petitioning Parliament to J have water turned into. ,

John Flett, examined,- stated that he had resided at Parawai for about 15 years, knew the Waikiekie creek ; it was large enough to bear its own waters, but if the County race was turned into it during a flood time it would overflow its banks. Saw Spencer's land flooded on the 17th August, and the County race sluice was turned down thecreek at the time. There had beori very heavy rain that week, and the flood was the second heaviest he had seen.

Thomas Dufty gave similar evidence. John Law deposed that about Saturday, the 16th August j there was very heavy rain, and on Sunday, the 17th, about 12 o'clock, he turned the race water down the Waikiekio creek, but most of the water flowed down another course. Did not think that Spencer could hear the sluice running when he was at bis house. There was no race water turned down it on the Saturday night. Any flood on Spencer's ground was caused by the creek being dammed, owing to the slipping into it of a portion of its banks. Never turned more than four sluice heads of water down the creek.

Mr Miller coutended that there was do evidence to show that any damage done was through any fault of the defendants, or their employes, but by the flood caused by the heavy rain which fell. He called—

John Peat, who deposed that he lived near the water race. On Sunday; morning, the 17th August, a slip occurred on the water race, and witness called on Law, who, about noon, went to the race. The rain had then ceased, and the creek bad gone down. sluice was turned on about twelve o'clock.

... Alex Aitken, County Surveyor, swore that he remembered the August flood; it was heavier than an ordinary flood. If rain ceased for four or five hours and half a dozen sluice heads were turned into the Creek it would do no such damage as that alleged to have been done. After - addresses by counsel, His Worship, summoned up, holding that the plaintiff had not proved that the damage was caused by the water from the race being turned iato tbe creek, but he was entitled to some consideration for boing shutout of his house by the creek being in flood,thathad evidently been caused by the waste water from the race swelling the ordinary flow. He would give judgment for £3 and costs, £3 18s.