FARMER'S CLAIM FAILS

Auckland Star, Volume LXXV, Issue 64, 16 March 1944, Page 6

FARMER'S CLAIM FAILS

The case in which Gordon J. M. Osborne, farmer, Tryphena, Great Barrier Island (Mr. Glaister), sued before Mr. Justice Johnston for £50 damages against George Todd, farmer, Tryphena (Mr. Drummond) in respect to-obstruction of a public road on Great Barrier Island by a fence encroaching on an unformed road to the detriment of plaintiff, was concluded yesterday afternoon. Plaintiff's case was that so narrow a portion of the road was left at one point that he had suffered difficulty and loss in driving his sheep along the road. Defendant contended that there was ample driving space left, provided plaintiff cleared his own boundary at the place in dispute. He also alleged that. plaintiff had an alternative route for moving his j stock.

After counsel had addressed the Court on the legal aspects, his Honor said it was a pity the parties had not been able to make satisfactory adjustments. The road was a "paper road," only usable as a stock road, and had-not been used prevariously by the plaintiff. After the fence had been put up he used it, with some difficulty, as a stock route. The Court felt that plaintiff had not shown any damage which would enable him to succeed, and the claim would be dismissed.