WARDEN'S COURT.

Tuapeka Times, Volume I, Issue 45, 19 December 1868, Page 3

WARDEN'S COURT.

Toßii* v. M'Nab and Parts'. — Tobin charged the defendants with having, on the sth inst., by means of their workings, carried away his head, race, and claimed that tho defendants should repair damage, and further to pay the sum of £1& 45., for loss of time through said- breakage. — Mr. Keen for defendants. It appeared in evidence for the plaintiif that, in consequence of the workings of the defendants, the Nelson Company, tho ground through which the race was cut fell away into the said Company's claim, thereby causing the damage complained of. It also further appeared in evidence that four boxes was all that was required to make good the damage, and that the defendants, when application was made to them in reference, to the matter, told the plaintiff to at once repair the damage, so as to avoid delay, and that if they were liable they would pay the cost. Notwithstanding, the plaintiff elected not to repair the damage, and brought the matter to Court. Tho evidence for the defence went to prove that the ground said to have fallen away was not through their workings ; that the ground had been moving more or less for a considerable period. The blasts had been fired in the immediate vicinity, which evidently was the immediate cause of the injury. After a lengthy examination, the Warden stated that he would take time to consider the matter, and -might possibly visit the ground before giving his decision. He said, however, that he would award no- damages for the injury, and would advis^them^to erect the fluming, and when cost was ascertained he would -maYoSp, .final order. ? • ,