ORCHARD DISEASES ACT

Evening Post, Volume CIV, Issue 83, 5 October 1922, Page 11

ORCHARD DISEASES ACT

CLAIM FOR DAMAGES AGAINST

INSPECTOR.

(BT TEUSOKAPH.—PRESS ASSOCUMH.)

AUCKLAND, 4th October.

Hearing was continued in the Supreme Court to-day of the claim of George Herbert Guy, linotypist and owner of an orchard at Henderson, .against John W. Collard, inspector of orchards, Auckland. Plaintiff alleged that between I7tli February and March, 13®, 'defendant wrongfully cut down 17S fruit trees in his oTchjird and therefore diminished the value of the land by not less than £400, for which airount and £50 general damages judgment was sought. ?.lr. Johnston, counsel for plaintiff, said that the evidence would show that only one disease. existed in the orchard and that was codlin mothc H there wero other diseases, as suggested, they must have been present in negligible quantities, and not sucb as Would justify the destruction of the trees. Guy bad,- from the time be acquired the orchard in 1919, employed labour drift spent money on the place. In two seasons he had spent, upwards of £100 ia draining,- ploughing, spraying, 'and generally improv»g the orchard. - Plaintiff gay« evidence on tht lines of h'3 counsel's address. He said that when b« received the first notice from the Department work was going on on the place. Receiving another notice in 1921, he undertook to spray, and in January last the work wa*» done to a certairi extent. This spraying continued until the day before the Department's officers called to cut down certain trees. He had assured the defendant that none of the fruit would be' sold owing to disease in the orchard. Two-thirds of the apple trees were cut down. Inspector Collavd subsequently said that the obstruction was on account of codlin moth. „.,..,

The hearing was again adjourned.