|
[Exeter & Plymouth Gazette, Devon, Friday 01 June 1906. Alleged Diversion of a Stream. A Chard Case. At the Chard County Court, before his Honour Judge Beresford, Mrs. Louisa Scutt, Hornsbury Mills, Chard, sued Obadiah Shower, farmer, of Eleigh Water Farm, Chard, for damages for the alleged diversion of a stream water, and applied for injunction restraining defendant from continuing the diversion. Mr W Booker, Wellington, appeared for plaintiff, and Mr. C F Saunders, Crewkerne, for defendant. Mr. Saunders said he thought before his Honour went into the evidence ought first to view the locus quo. Moreover, he (Mr. Saunders) only received his instructions few days before, and had not been allowed sufficient time to prepare his case. His Honour pointed out that that was the fault of Mr. Saunders's client, who kept the summons in his pocket for nearly a fortnight. He could only adjourn the case on defendant agreeing to pay the costs. Mr. Saunders said that would be imposing heavy penalty on his client, as the witnesses for the other side were numerous, and some had come a considerable distance. Rather than incur that loss, he was prepared to go on with the case. His Honour, however, ultimately decided to adjourn the case and reserve the question of costs, the Ecclesiastical Commissioners, who were the owners of the property, had received no intimation of the unless they were represented, the case might have be re-opened. In the meantime he would view the scene of the dispute.] [S L S 82yr.] |
