Brenn v. Rusk (2022)

The Regional Court of Westgau · Transcript of proceedings[2022] SZRC 14 (West)

Appearances

• plaintiff: Milo Brenn
• defendant: Uwe Rusk

Proceedings

The case was called at 10.00 and the recording began.

The pleadings were read: smoke from a gasworks. The defendant answered by a general denial. Counsel for the plaintiff opened. The matter was one of fact and the court would decide it on the evidence.

Witness for the plaintiff: the keeper of the toll-house

The keeper of the toll-house, sworn. Examined by counsel for the plaintiff.

Q. Tell the court what you know. A. It was talked of at the market for a month before it came to court. I was at Lindenmar that morning, on my own business, and saw what the whole street saw. Q. Nothing more? A. Nothing that I saw myself.

Cross-examined. Q. How far is it from your door to the place? A. 95 paces. Q. You have measured it? A. My boy has. Q. For this case? A. For his own reasons.

Witness for the plaintiff: a carter

A carter took the oath.

Q. You know both parties? A. I have known them 30 years. Q. And the matter in dispute? A. I was told of it by the driver of the carrier's cart. I did not enquire further. Q. What did you see yourself? A. I was at the inn. Everyone was.

Cross-examined. Q. You did not see the document? A. I saw a paper. Q. You could not read it from where you stood? A. I could not, and I did not try.

Submissions

Counsel for the plaintiff submitted that the claim was made out. Counsel for the defendant submitted that it was not, and cited the authorities. The court retired.

Judgment

The judge returned to the bench shortly after noon and read the judgment, which is entered in the Law Reports in these terms.

Concerning smoke from a gasworks at Lindenmar. Ruling: damages of 7652 marka.

Costs

Costs to follow the event. The court rose shortly after noon.