DISTRICT COURT.

Wairarapa Age, Volume XXVIX, Issue 8144, 19 May 1906, Page 5

DISTRICT COURT.

(Before His Honour, Judge ~ Haselden;. The quarterly session of the Wai rarapa District Court was opened yesterday morning in the Masterton Courthouse. CLAIM' FOK DAMAGES. The first case heard was one in which Henry Burling, farmer, of Alfredtou, claimed from Charles Bluke, and William Jobn Blake, farmers, of .ttll'redton, the sum of £4OO fcr damages alleged to have been sustained owing ,to a fire spreading from defendants property to plaintiff's. Mr 0. A. Pownall appe red for plaintiff, and Mr B. J. Dolan for the defendants. The following jury was ompannelled:— Messrs Allan Cameron (foreman), Hugh Riqhards, Charles H. Anderson and Robert W. Church. Mr Pownall, in bis opeuing remarks, stated that plaintiff and defendants wer neighbours. Each had a holding of 200 acres under the lease in perpatuity system. On February 23rd Charles Blake lit a fire on the property leased by him. Plaintiff alleged that the fire spread over an intervening road, which was not fenced off, into plaintiff's property. One hundred acres of felled bush had been spoiled on account of the fire, and plaintiff considered tbat it would be at least four years before the bush cnuld be burnt. The damage was estimated at 15s per acre per annum for 100 acres for four years, and that was also the basis of tne claim. It was admitted that the fire had been lit, but the amount of the damage was at stake. Counsel further stated that William John Blake was liable for the damages, as he was the legal owner of the section. Action, was also being taken against Charles Blake, as it was alleged tbat an assignment was made over to him some time ago, but.there bad been no assignment produced. The plaintiff in the course of bis evidence said that he was the holdwr of section 6, block,3, Puketoi, containing 200 acres, under the leaseinperpetuity system. On February 23rd last a fire ran through his bush which had been felled. He had received no notice of the intention of defendants to light a fire, or had he authorised any fire to be lit. At the time of the fire bis bush was not ready to burn. Witness asked Blake what he was going to allow witness as damages through the fire, but Blake replied that that was a matter for the Court to settle. Blake said tbat after the fire had been lit the wind must have changed and blown sparks on to witness* section. Witness stated that the fire oould be traced from Blake's property to his own. The fire only soorohed witnesses bush, and left the logs. It would be fully four years before witness would be able to burn, the, bush, and get the use of the land. Witness considered tbat he would j lose the use of his land for four years. Witness estimated bis loss at the rate of 15s per aore per annum for four years.

Allan Burling corroborated plaintiff's evidence with regard to the conversation with Blake after the fire. i George Roas gave expert evidence, in the course of which pe said that there had been reasonably 20 aores burnt, but 80 acres bad been completely spoilt: He estimated the damage at £1 per aore per annum on 80 aores for four years. Francis C. Robins, William Piouett and Robert Morris gave evidence as to what they considered was the amount of the damage done. Mr Dolan, for the defence, alleged that the fire in Burling'a bush occurred in the centre of the bush, and not at the points nearest to Blake's section. Therefore, the fire in Burling's bush oould not have been caused through the spreading of the fire from Blake's property. Charles Blake stated rhat when he lit the fire on his property on February 23rd, the wind was blowing west-aouth-wes 1 , away from Burling's property, which is directly south of witness' property. The wind continued in the same direction throughout the afternoon and night. Witness' bush had been burnt Indifferently. He had noticed since the fire that there were traces of fire between bis property and plaintiff's. On Sunday last he made a close inspection of plaintiff's bush, and noticed small patches of burnt ground through the bush.

William John Blake, sua of the last witness, and one of the'defendants in-the action, stated that he was the .holder of the section , in question. He did not see the fire i lit, and be did not know anything about it until he saw the Ore in plaintiff's property on the morning of the 24th inst. He estimated that plaintiff had between 70 and 80 acres of felled bush, one-third of which was wall burnt uy the fire, the remainder being untouched. Charles Dampnay and Leonard Holbrook gave evidence to the effect that there was only about 80 acres of felled bnsb on plaintiff's seution, and that the fire ran through it in patches. Counsel agreed to the following issues being presented to the jury: (1) Are the defendants jointly interested in the seotinn; (2) did the Bre lit bv Charles Blake spread to plaintiff's property; (3) if so, what amount of damage was caused. Counsel addressed the jury and after his Honour bad summed up, the jury retired at 2.40 p.m., and returned after 35 minutes' deliberation with a verdict in favour of plaintiff in the two issues, and assessed damages at £BO. His Honour gave judgment accordingly with costs amounting to £22 19s sd. EE-HEARING OP A CASE.

There-bearing of the case Kaltuna Co-operative Dairy Co. v. Edgar L, Holmwood, a claim for £4B, damages iii oonneotiou with an alleged breaob of oontraot, inasmuoh as defendant had failed to supply milk to the Company during the season 1904-1905, was oommenoed. Tbio oase had already been heard in the Maatertou Magistrate's Court, and the Magistrate (Mr W. P. James) had nonsuited the plaintiff. Mr R. K. Jaokson appeared far the plaintiff, and Mr P. K. Logan for the defendant. The oase was only partly heard when an adjournment wan made' until 10 o'clock this morning.