A RACECOURSE RESERVE.

Evening Post, Volume LXXIX, Issue 81, 7 April 1910, Page 2

A RACECOURSE RESERVE.

ALLEGED TRESPASS. Hearing of the case of Jame» Paton Watt and others (Trustees of the Wanganui Jockey Club) v. Walter Henry Wilson and others was commenced in the Court of Appeal yesterday, before their Honours the Chief Just-ice (Sir Robert Stout) and Mr. Justice Williams aud Mr. Justice Chapman. This wa* an appeal from a decbion of his Honour Mr. Justice Edwards, delivered at Wanganui, and concerned an action for trespass brought by the trustees against the several defendants. At the hearing plaintiffs claimed damages (1) for damage to a fence enclosing the racecourse; (2) that they did further trespass on the property; and (3) that they did positively trespass on the leasehold property of the plaintiffs. Defendants denied the allegations of damage and trespass, and as an alternative defenco they claimed that any entry by them on the section of land in question was in exercise of a right-of-way ocrost part of the laid section and across part of the racecourse adjoining, and that tlaremoval by them of part of a fence which had been erected by the plaintiffs was for the purpose of removing an obstruction which had been placed by plaintiffs'across the right-of-way. Plaintiffs sued as truntoes of the Wanganui Jockey Club. At the trial the plaintiff* relitd mainly upon poitecsion, but they also endeavoured to prove title. In giving judgment his Honour Mr. Justice Edwardt said li/ did not think it wa* cither neceMaiy or expedient to determine whether the defendant* bad proved title. Nor <li<! he think it necessary to determine v.: ft her the defendant* had establish •. ilio public right of passage across i!i cc court*. It was certain that for ■ half a century the public had. n;' . oc'itly, passed unchallenged o< . ' hud. He held that the action ft . .- v ges for trespass depended upon '. ■- .nl n*l possession by the plaintiff*. I\n evidence sbosred thai tile plaintiff* v.m- not in poa*e«ion of the racecourse. In hi* Honour's mind there could be uu doubt that the t persons in the charge of the racecourse were tht ftteward* ot the Wangaiwu Jockey Club or the member* of that club. The plaintiffs were *ume, but not all, of the petmjlu. Their ilaim \\n* bused not upon po»««*jion of the xtewanls Uut upon their uttiie in trustee*. Plaintiffs w«M£ \htm[mo non-suited. From tbi> decmon the tuotces now appealed. Mr. V. P. Skeirett. K.C., wii-h him Mr. Hutton, appeared" for appellant*, and Mr. Hutchison, with him Mr. Mavkay, for respondent*. Afur haajtag Mguaeut judgment «m