DISTRICT COURT.

Wairarapa Daily Times, Volume XV, Issue 4390, 11 April 1893, Page 3

DISTRICT COURT.

MASTEKTON-TUESDAY.

(Before His Honor—District Judge Bobinson.) DLATCUFOnD V. MARTIN. Claim £SO for alleged damage to property, Mr Beard for plaintiff, Mr Pownall for defendant.

The followingjury was empanelled: —Messrs Prentice, J, Dixon/Hngh Mclsaao, and S. J. Eussell (foreman), Mr Beard in opening his caso slated that the damage to plaintiffs' properly aroso from the overflow of water from a drain dug by defendant up to the boundary of plaintiff's land, John Blatchford, farmer, of Opalti, plaintiff in the present action, gave evidence that he had been in possession ol certain properly since October stb, 1886. Also leased adjoining property from Mr Martin, A blind creek ran through his property with flax growing in it when he took possession, After heavy raiu there wbb water in it, oaused by the overflow from sections 12 and part of : section 14. There was no constant flow of water in this oreek until February 1882 or 1888 when Mr Martin cut a drain across section 14 into a swamp on seotion 12, A large waterbole known as the " Devil's Hole" stood on section 12 and Mr Martin asked plaintiff to allow him to cut a small drain and run some of the water into tho dry creek. Plaintiff gave permission, but this did not make it a permanent stream, but since the cutting of tho drain in 1885 there has been a continued flow, and the sill and accumulation had dammed the water, and caused about one and a half acres of land to become a bog. (Left Sitting.)