DISTRICT COURT.

Tuapeka Times, Volume I, Issue 28, 22 August 1868, Page 3

DISTRICT COURT.

(Before his Honor Wilson Grey, Esq.) ! Carnie and Co. v. Bertrand. —This was an appeal from the decision of Warden j Stratford and four assessors, at Switzers. It will be in the recollection of our readers ! that, on the last occasion of Wilson Grey's Court here, the same parties were before him. He then directed that a new trial take place, and the present case is an appeal from the decision of the Warden and assessors. Carnie and Co. were summoned by Bertrand for having damaged his mining claim, through the breaking away of their race. Carnie and Co contended that as Bertrand took up the claim below their water race, he could not recover any damages for loss ; and that the storm of April 4 was of unusual severity, and, consequently, could only be regarded as the act of God. That the respondents used unusual and extraordinary precautions on that occasion ; and therefore they were not liable. Carnie and Co. also proved that they had eleven flood-gates on the race, and that on that occason the whole of them were shut ; that no water whatever came from the fountain head for the last three miles of said race ; there are no iluice-gates, the company not being allowed to send any water in them. After a considerable amount of evidence having been led, the judge made a very elaborate summing-up, and gave his decision confirmatory of the decision appealed against, but, under the circumstances, he would allow no costs.