The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1885-09-01 00:00:00

COUNTY COURT.

%, on i Motown Nfr. Serie:ton Tinolnl.Atk lim on

level or a little below the plaintiff's hedges. it was
not a omti 111 l ',aiming .4 bricks, and for A I•nlle
thin,* the pliiirilf mole no complaints: hut in the
year "tlO he went npon this property' himself to reside.
.I•1•I he wit this garden into a very good noutliti 41.
AlpSO :Ir. years az the defendant built • new kiln.
twice dio. .of the .Irl -no., an Ph" also enteric," Ow
el I in.'. th it Wu whenever the wind W. 15
from die w.••t, the plaintiff's gr. Mt were deltigeol
with smoke, e tossing emisioleralole damage. In 144 11••
lASI • complaint- t.. the defendant. awl ag.ii..
up on which the .I •fessolant said I. • was very sorry.
and if the plaintiff would make a charge h.•waill ii ii'
it. Ile did not, I...wever, make :inv. Rut iti th-
ii, iii,•ll i•i this mar. wh •ii these kilns we o•
1, • ''lra', tlic weather w rathe- •I 'I at I
1•1•.• I •• ye li • 0. • •'.l • •
t ▪: t •:.• lb • -.1.•• 1,.. • •tr • •••,.
, tsmethar with many of the tree, and the fruits and
flowers. Plaintiff lied a plot of [-dotage, which he had
sold for £3 ; this was almost entirely destroyed. Itn
th...1.1th of May. directly he ..sw the flimflam. oltme, he
wrote to tht• defendant, anti said " minethine t
he titme to prevent it." I termithint replied that he
was very sorry, hut he had noticed that this year th.•
amok.. from every burning had bel•11 aWaW from die
plaintiff. Ile also pneinise•l to call and seoliiin, whir's
he did not d•o, and plaintiff finding tlefewlant was Ilot
Willio4 1., irty him I'4. the damage, now stied him.
In IN. first place he, estimating it nnitchly, entinnate .1
it at ell Vito., lout an imputat 1111 l heing thrown out by
the defendant that he was frying to make a market
011 t of it, lie egetplov44l Mr. hile•ock, who went cart.foilly
through the garden, and educated dui damage at the
sum they now sued for.
Ilia Honour intimated stronglylll. opinion that this
was a ease which a 4l friend oh mid have
settl..l. In this ease the law was that it a loan
were carrying on a lousiness, however lawful awl 1111.••
t.. 11111111 l v, if he injured the property of
another c, doing so lie would be lialole, mere 4i•Ila•M•
(On wank' mg 4.. NO 11000, ACCOMII4I4 IO the
insulin: A • litth. damage NA keen done. boot the
plaint:l' was willing to meet them, anti it seemed
a !pity some twitial friend Invl not born c 311.• 1 in,
alum. 'ugh lielliir wocild not have had the

plea.iiire 4111 in+truetion to he derived from
to the two qeittlein •ii 14..ne him I Laughter. p WI, it
a pity that a question of money should interfere with
years of friendship
Mr. liudge awl it was not exactly that They
looked at it in amither way. If that gentleman wire
to be allowed to claim damage• from them every time
a kiln was burnt, why there would be an mail to the
staple india-try of that neiglal.sarh,ssf. The immtion
for the jury was, it seeinssl to him to he, was there
&flung... amt. if so, was it caused by the defendant's
kiln ? He was going to prove twat conclusively that it
was not done by defendant's smoke, and further. by
aeientific th it the amoke would not do
damage.
His Honour said there W. 14 another danger against
which he wished to gnarl both If the jury found
against the plaintiff, it might leyl to proosslings for
an injunction, and they would iret into au embroil.
mont that would benefit only the parties *inducting
the proceedings.
The following evidence Was then called for the
plaintiff :
The plaintiff, having lien ivll*l, bore out the open•
ing statement if Mr. Curtis. In cross-examination
he admitted then, WWI a large number of other kilns
in the neighbourhood. If,. did n. 4 think that one of
them was nearer his property than the ilefendant'a.
.1 limeskilia might have been learning that day. Lime.
kilns emitted smoke, but it was not so inparious as
I the other.
Mr. Budge : Thank you that's your scientific
evidence. —The damage showed itself more the third
day after the burning of the kilns. In *3 and *I he
made c implainis, led t.sik no action in the nutter.
Ile then had kilns of his own, bait had minces them,
hut lie had no wish, in coneistieinee of doing to
make everyone else unciinfortalge. I I hail written
about iither kilns, but he hail not suffered damage
1,.,,,, them.
.% letter, however, was lint in, written by plaintiff
to Mr. Carter last year, telling( him that it was his
kiln that was 'lmaging everything, and creating the
mimes.
hail not the least doubt as to
which kiln the smoke cone from that did the damage
on this isvasein.
Nlr. Kln.ek, anct ion... Tend valuer. Wimiv.rn.., etated
that he iewed the pop rty ii,, the rah ot Jim.. Ile
found alsoiat 200 plants injured —burnt. Ili. opinion
was that the ilanivre lvel been eitiee.l bv (min..
from& lurikkil,i. The trim were scorch -I on the AA.
facing the wmt awl south. west. I'he North and
Kaat were gnen. Ile should think the re.
(erred to waiilloo yank off Ille estimated the damage
at 11:1)4 17a. .

C 14111.0113111111011: 110 W. 14 a Imail.l.w, lad I.tl hat
1.% perienoo• ‘',ol know tiro
than veirettliliia 'r W.. 11 I don't a4l vi1f.,1,414.a,
110 had .11 claitimro.l in a aimilar
way before, hut thil wore not iiititato nom. Ilia
own kiln.. lb. dill not think it tionlil 1111•1...11...1
ti,r.iigh iii. ilry woatlior.
Jainea Harvey, lalionror, anal tiotant of On. plaintiff.
saw tin. ainiike 'time 'Lino. inain The
wipil Wl4l went or xiiiith

I 1461 Tnoke wsw the 1(41,1.46 afloat pi%
It w 4.6 dried up, ha wh..tlwr Isy th.• inok or dry
wuntlwr did not know.

Mrs. liart7y naw 711.;;iarilett after tho smoke, and
w.ts all 46.41111a-11y hi. Honour : She hail agar-
1.,, Cli.l by, hut of counter they did not value it no
in.. Mr. Conway (lid hi..
Mr.. Cole saw the garden at the ..f wl
it wa. beautifully in growth. She saw the smoke g
aenws (non Mr. Guiway's kiln two (lays running, and
afterwards WM the mrawlrerries, were roasted
up. -Crosassuunined She WA. a washerwoman, mut
did not like these kilns at all. She witshr d for Mrs.
Otmway.
Mr. Mudge then ruldresmsl the jury for the defence,
and 1111,ked their es.reful attention to the case, for it
WWI not ito lunch the iiitesthai 01. the /mama( in di
put, as of the principle, which involved the I/interns.,
or otherwise of an imimrtent industry. The
plaintiff was (me of times. j.s.ple Wholll there were
a great many about Wilit illaite it it
['Meth, to look after ~tier people.p. lassie's. as well
ao. their jim. They were not emtent to mind their
own 'swine... low year the plaintiff was the owner
of Solar kilns all framed on the same prineiple at.
the defendant's. but now li sing *tot rid ..f them he
was trying to do as lunch harm es jo..ssible. to those
engaged in the trade. Th./ knew how last year Ile
wriite h. Mr. Carter. Ti.. defendant had in.,.,,
eetablialted in Ittif, and employed a large nintib-r of
hands, him weekly payments in wages being between
Lho and OA. In 10177 the plaintiff went and built in
the midst of the kilns. lie was not going to argue
that even if a man went to a nuisanw, he had not his
remedy. Ihit if he chow to go into this land of
omoke, knowing the neighbourhood, he deserved but
little sympathy, and should not be eneourstred in hi.
attempts to psralyae a trade. Mr. Budge then
called _

--..-
Wm. Were foreman, tthe defendant, who maid he
went ore, the irarden with the plaintiff on the 30th of
Nfav, and he could not eeo. them MOM any damage.
Plaintiff gave him a beautiful Iwocoli and aim.. sticks
of rhubarb.

.....
Cromi.exnmined : He did not believe the smoke
would hurt a garden ; the sulphur might, kit that
w 01,1.1 be all gone two daya lalore they finished ..ff ii
the 29th of May.
Frank Tatchill, market frar.lent.r, maid he had had
great exia•rience. In July he went to tie' plaintiff'.
garden. It wax in raid indition connidering trio dry
seamen and tfo. ground . •of the goaiseherritsi and
currant.; Vivre the finest he hall item tin any b05h...0
this year.
Tholllll.l Bundy, form..rly head ganlener to th.•
Duke of Southlmiirne, now in Imminent' at Westbounte
corroborated the preceding to the very
fair atate•l the irtualen. He had never mien Nisbet
permanently injun.l by mooke, Mile he Wai. there,
there waa sin•tke c.cning nor.eui that garden from
another kiln.
Nlr. Itotwiaml, pharmaceutical clueing, Nut.% said
from the iividimos hi, did wit think On reoult4 itpoknn
of could have arisen from the influence of the smoke
upon the vegetahlen.
Mr. Budge, in iiiiinminsr up, AM.I the evidence le•
had called appearrwl to him cotiellisiv•• —as he hoped
it did to them that the plaintifTe cane had entirely
failed, and he hoped the Jury may by their air.
diet that such a trumpery matter aboultl not
he allowed to paralytic .me .1 the induatries of the
•lintrict.
Mr. Curtis complained that Mr. Budge, having a
NA cam. id his own, altiesed the, plaintift. INlr. Budge : Not NO Mulcha.. i Anil imeti•eill.l(
uatteiuijiting to answer the chain', •livelt ulmn wlint. iii
conaidered the bad p. 'into in the. tamtliiet if the
tiff, and time clutuartiunal to extract a verdict against
him.
Hi. thulium in mourning up, rofiirrod ti thii en.
tnwlictory evidence which Mel learn given, and .ni•l
of connie the plaintiff w.ml•l Is the principal one, rie
wa,i there iiii the and it would he a mtrioit,
thing to say that he lied awed what he knew tie teti
mann.. went at miee awl complained to the
defendant, and it was a pity he thought an enquiry
int.l the attar, of the garden had not been made at
once. If, from nwentrii,nr, he watt making an unfair
charge, he must it.iy Ow tumidly. If hi.
u'pffere,l pp
mithatance Ity hi. iircperty tieing theocrat, then they
wittiltl hurl fur with•tut any reference to the
named.
Th.. Jury retirr4 for .tlicut a quarter of an hour, .m.l
returned into C. with ti verdict for the didinirlant,
at which antitank...merit there was nindaueo in Court.
Crnita followed the verdict.