INTERESTS CLASH.

Auckland Star, Volume LXVIII, Issue 272, 16 November 1937, Page 8

INTERESTS CLASH.

IN ORCHARD AREAS.

TOPPING OF SHELTER TREES.

GROWER AND POWER BOARD. Involving principles of considerable importance to electric power boards generally, a case wae β-terted before Mr. W. K. MaKean, S.M., to-day, in wJucfli Joseph Borich, orchardwt, of Blockhouse Bay, claimed against the Auckland Electric Power Board £230 damagee for potential lose on his orchard crop through itiio topping of shelter trees, and £50 for treepaee. Plaintiff stated that whereas the workmen of the board had formerly trimmed branches of the trees of a nine shelter belt adjacent to the power line, this year they had topped 18 of the trees, reducing them by about 25ft, and thus largely taking away the shelter from westerly winds which the trees had afforded a four-acre block of apples and peach trees. He claimed that the bearing capacity of the orchard had been reduced 25 per cent. He also claimed that while the board's servants had a right to cut trees that threatened power lines, he had the right of prior notification, and that in this instance he had not been notified beyond a statement by a to hie wife that they were going to cut the trees,. This. he held, was not a proper notification to the owner of the property, and the cutting of the trees under the circumstances constituted trespass. In his evidence he added that several of the topped trees showed signs of dyinjr. which indicated that the topping had been done at the wrong season, and to his disadvantage. The pine trees had been planted many years before there was a power line in the district. Frank Firth, secretary of the Auckland Fruitgrowers' Association, stated that he had inspected the orchard and shelter trees concerned, and he estimated that the topping of the trees would have a serious effect on plaintiffs orchard crop. "The probable loss he estimated as in the vicinity of £300. Witness stated instances of loss sustained in his orchard at Oratia in like circumstances.

The case is proceeding, and the magistrate stated at the luncheon adjournment that he wished to view the orchard before hearing further evidence.