WARDEN'S COURT, LAWRENCE.

Tuapeka Times, Volume V, Issue 242, 19 September 1872, Page 7

WARDEN'S COURT, LAWRENCE.

(Before Mr. Warden Pyke, and Assessors.)

Wednesday, September I lth.

Casey v. Morrison and Others. — Action for damage to a tail race, through the breaking away of defendant's water races. Mr. Copland, for plaintiff, Mr. Mouat, for defendants Morrison and Barclay, and the other defendants appeared for themselves. The plaintiff claimed £20. The defendants, Morrison and Barclay, pleaded a nonjoinder of their co-tenants, and Mitchelv. Tarbutt, Term Reports, was cited in support. Th.c Warden held that they ought to have been joined but that their nonjoinder only affected the amount of damages. The plaintiff was then examined by Mr. Copland, and cross examined by Mr. Mouat, chiefly as to whether any one had assisted him with money, tn condition of getting a share of the amount recovered in the action. Mr. Copland strongly objected to this line of examination. After some other evidence had been given by the plaintiff, Mr. Mouat called James Barclay, and examined him as to conversations with the plaintiff. He stated that CJa&ey had told him that Mr. Copland was a shareholder in the claim. Mr. Mouat at once explained that he did not give the slightest credence tothisstatement of the plaintiff, but had asked the qiiestion in order to convince his learned friend how unworthy of credit the plaintiff was. The assessors found that the plaintiff's tail race had not been damaged, but that the working of his claim had been impeded by the breaking away of the water race owned partly by the defendants Morrison and Barclay and ( assessed the damages at £4. Judgment accordingly.