Fenn v. Brenn (2024)

The Regional Court of Westgau · Transcript of proceedings[2024] SZRC 30 (West)

Appearances

• plaintiff: Katja Fenn
• defendant: Greta Brenn

Proceedings

The court sat at 10.00. The Clerk called the case. Counsel announced their appearances for the record.

The pleadings were read: smoke from a brickworks. The defendant answered by a general denial. The plaintiff's counsel opened in a few minutes and called the first witness.

Witness for the plaintiff: a constable of the town watch

A constable of the town watch was called and sworn.

Q. Tell the court what you know. A. I understood there was a quarrel about smoke from a brickworks. Everyone understood that. I was in my usual place, before first light, and heard it before I saw it. Q. Nothing more? A. Nothing that I saw myself.

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.

Witness for the defence: a reed-cutter

A reed-cutter, sworn, examined by counsel for the defence.

Q. You know the defendant's side of the matter? A. I know both sides and I have kept out of it until today.

Cross-examined. Q. How far is it from your door to the place? A. 201 paces. Q. You have measured it? A. My boy has. Q. For this case? A. For his own reasons.

Submissions

Counsel addressed the court. The judge asked for the deeds, read them at the bench, and retired.

Judgment

The judge returned to the bench late in the afternoon sitting and read the judgment, which is entered in the Law Reports in these terms.

Concerning smoke from a brickworks at Hagenkirchen. Ruling: dismissed.

Costs

The claim was dismissed with costs against the plaintiff, to be taxed. The court then rose.