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AN ADJOURNMENT.

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AN ADJOURNMENT. A case of considerable interest to Prestatyn people, and residents on the hillside in par- ticular, came on for hearing this (Friday) afternoon at the'Rhyl County Court before his honour Judge Moss, when Mr Horsfall brought an faction for an injunction and damages against Messrs Harrison and Clegg. Mr Ellis Jones Griffith, K.C.,M.P. (instructed by Messrs Hughes and Gasquoine), appeared for the plaintiff, and the°defendants were rep- resented by Mr Ralph Bankes, K.C. (in- structed by Mr A. Lewis Jones). Mr Ellis Jones Griffiths said that Mr Win. Horsfall was the owner and occupier of the house known as "Highfield," Prestatyn, and the defendants were tile lessees of the Manor Hill Quarries, situate about hundred yards from "Highfield." Part of the defendants' business was lime-burning, and the present action was for an injunction and damages in respect of the nuisance caused by the burning of lime. The kiln and plaintiff's house were about the'same level on the mountain side. As a rule the burning took place about once in every three weeks and la.sted four days, the smoke and fumes in accordance with the prevailing wind covering the hillside. The plaintiff's house was therefore enveloped in smoke, and even when the doors and windows were closed the obnoxious fumes found their way in, and were very detrimental to the house. Steps had been taken to try and get the nuisance abated, but even so late as last Sunday the lime-burning was going on. Plaintiff's house was much depreciated in value, as also were those in the immediate vicinity. Mr Horsfall was the first witness called, and he said he came to Prestatyn eight years ago. Two years later he purchased Highfield, o 17) and until 1904 there was no lime burning at these quarries. When Mr Goolding took over the kilns he (Mr Horsfall) caused a solicitor's letter to be written to them complaining of the nuisance. In 1905 defen- dants took the quarries, and the huge volumes of smoke^arising from the kilns made it im- possible to remain in the garden, the fumes being most obnoxious. The smoke percolated through the doors and windows, and it af- fected his chest very much. He came to Prestatyn mainly because he suffered from bronchitis, and his wife was also delicate. He had written the Urban Council on the matter, and a petition signed by 10 people was sent in. Lately the.kiln nearest the house had been discontinued, but the others were used. The annoyance was not so bad as it had been. but it was still offensive. He had paid £ 1000 for his house, and spent another i61000 on alterations. He would not like to say how much the house was depreciated through the I smoke nuisance, but he had tried to sell and failed. Cross-examined by Mr. Bankes He did not know that it was a lime-burning neigh- bourhood. You know that at Dyserth there is an enormous amount of lime-burning ?—Not in the same way, probably. The kilns at Dyserth are surrounded by houses, and I suggest to you that for one ton of lime burned near you there are 100 at Dyserth ?—I don't know much about Dyserth (laughter). Did you know there were kilns there when you bought the house ? —I thought they were*xlisused kilns. When Goolding left in 1904 did not you negotiate for these quarries ?—Only for the manorial rights. You were carrying on a bone-burning business at Flint at this time, and that is a pretty good nuisance (laughter). Did you not have an analysis of this lime with a view to using it ?—Certainly not. You spoke of a petition to the Urban Council signed by 10 people. There was a counter petition signed by 120 people ?-I don't know. The Council refused to do anything ?— They sent me a letter of sympathy, and stated they could do nothing. During the past 19 months there has been lime-burning on 14 occasions. That is about once in six weeks. Why did you say once every three weeks ?—I said it was about every three weeks. Anyhow, it occurs too often. Perhaps your other complaints are calcula- ted on the same basis '?—No. Don't you think it is rather a large order to suggest that these works should be closed because of an inconvenience to you once in six weeks ?-No. Oh, very well, I only wanted to know what you deemed reasonable. The claim of ten pounds for damage to your trees has been abandoned. I suggest to you that there was not a farthing damage done to them?—To the best of my knowledge they were damaged. Do you say that bi-carbonate gas is dan- gerous to health ?--Yes, it has made my chest feel like raw beef. Somefpeople with asthma come specially L to the kilns That's bosh (laughter). Do you know the Rev. Mr Newall ? He is one of the bosh gentlemen, and sufiered from a throat complaint. He lived near these kilns,and is still living!—I am glad to hear it. Mr Lockwood, an architect from Chester, produced a plan of Mr Horsfall's house. He had visited there on two or three occasions, and had seen the volumes of smoke. Asked as to the depreciation of the house, he said it shoukUbe J6100 per annum rent, but pro- bably it would not be possible to get more than £ 50 or J660 rent. Generally speaking property in Prestatyn was increasing in value. Cross-examined by Mr Bankes There is a steep hill leading to the house, perhaps that would choke off probable tenants ?—There is certainly a very steep hill. And the road is one "of the worst in the district I don't know. Would you be surprised to know that if a sheet of white paper were held up near these kilns when lime was burning there would be no smuts on it ?-I did not see any smuts. Dr. Tudor Griffiths" gave evidence dealing with the nature of the fumes and gas arising from theUime-burning. He stated he had ] attended several cases in the immediate vie- inity which, in his opinion, were injurously affected by the smoke. ] Rev. F Jewell gave evidence in support of the plaintiff, in which lu:l mentioned that on account of the smoke-nuisance he failed to dispose of his property at a sale recently. 1 Rev R. Newall gave evidence for the de- ] fendants, saying that lime-burning in his < opinion had been a factor in the improvement 1 of his health during his residence in Prestatyn The case was adjourned to the next court.

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