R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 3036, 24 October 1888, Page 2

R.M. COURT.

OAETEKTON-TUESMY.

(Before Mr. S." Ynu Sturmer E.M]

: Jacob Knoflie v. Walter Francis.— Claim £2los, damage for' destroying ■fence by cutting tho' wire, Mr Powriall for plaintiff, Mr Beard foi defendant. - .

The plaintiff deposed that while erecting a wire fence for Mr Eayner the defendant cut the wire,- and sent a note by VVadham stating that if the .wires were again fastened to the posts he would cut the wires again; , In consequence of receiving tho note plaintiff left, the fence, and Mr Eayner then informed him that if he did not go on with tho fence he should give the job to someone else; -.The plaintiff - then proceeded with the fence and completed the same, and now claims £2,10s for loss sustaM through the,vfire being cut, ; i .JohnEayner.depp3ed".tl}at:,tiie plaintiff took contract;' frQm ; liiin'to feet a fence .between ; bis, property and tlie: property of ■ the - defendant, Onthe 19th ;March.,hj):,received-'a notice tbat thp 'wire bad been cut, ijijd alsofroua defendan t.-iii'respect to (.lie '--Tj)p had'to 'shift^oinefit,%;pqst? aV;hegbt'out of the proper]

(lie action of ( tfre was^tho 1 cause' of somo co'nsidel'ablo' delay/in getting tho fence completed. - | Herbeit Fiancia deposed .that lie - ■ cut tlia wire of the fence as |t crossd * a road had used by A " for a considerable time. HuouVtle tee by instructions.ffonl hia father. ■' _ Walter Francis '"deposed that lie *> wits tho ownei ol the"pioperty adjoinnig Mr Rajnei'e, aud that the fenco , 1 was being erected ; *t a Sa light of road. * x G. H. Wolteis, oleik to the Taiatain Oaiterton Road rßoard, deposed < that Mr Francis waited on him at y * lub office m leference to tho said * load, and tho Koad Bosud authorised < him to coneapond with the SuWey . i Oihco to ascertain if it'was a'legal I io id, aud tho reply was that the snr- ,* \ey had not beon aujhpused, 'l'ho letter was "placed before. the mm, it: Couit. Mi Rajnei,recalled, stated that Mi Francis or anyone olso could not mnke uso of tho road, and he had given defendant notice warning lnm against trespass. Judgment deferred till uextMoWpw: r- i at Masterton. ~n: Mercer and Bajhss v Dan Haggerty, sen,—Debt £Bl 6b * Defendant disputed part of the claim £l4 Is, Mrßeaid for plaintiff. Plaintiff deposed that tho whole of -<■ w the goods, as per bill of particulars; •.•ri-.jjft worn supplied to the defendant and his son, aitd' the defendant had never disputed the iiccount before.' : • Ir.'&'y. Judgment: for £Bol7s 2d, costs 80s,' ■" ' s and solicitors fee, £3 Bs. ' - 1