BIRCH TREES CUT

Evening Post, Volume CXII, Issue 102, 27 October 1931, Page 11

BIRCH TREES CUT

ACTION FOR DAMAGES

Proceedings' against Dr. C. D. Henry and Mrs. Henry for trespass on his property at Silverstream wore, taken.;-at the Magistrate's Court recently 'by Charles H.. Ritzema, who claimed £60 which he alleged . was' the extent of damage done to a birch/tree plantation. In reserved judgment delivered to-day. Mr. E. Page, S.M., awarded Ritzema the amount paid into Court by the defendants, £4, which he said was liberal, compensation for any damage that might have been done. Ritzema-was-ordered to pay the defendants', solicitors' expenses and witnesses' expenses, amounting to £5 2s. - - ■. ■■_ ; On Sunday, sth July last, said-.Mr-.■ Page, the defendant Mrs. Henry onher way with. her. two daughters to gather some foliage from the property; of a friend, who had given her permission to do so, crossed through the plaintiff's bush, and on their way.cut some clippings from tho red birch trees growing there. The plaintiff approached them while they were doing this, and requested them to> leave, and on the. following day he-sent a letter .to the defendant Dr. Henry demanding :a'n apology together with a -sum of £5. by way of damages. The defendant, through his ' solicitors, replied tendering an apology and enclosing a sum. of flvo shillings to cover any loss or damage which the plaintiff might have sustained. . "...-.' The defendants; did mot deny. the. tre3pess and paid into Court a.sum of £4. and coats as full compensation therefor. The plaintiff did not accept this, and the sole question .involved was the estimation; of tho damages, to .'which tho plaintiff was entitled. ... '. "There is a wide divergence in tho ostimates given by. the witness.ess," said Mr. Page. "I have had an opportunity of viewing the property and the piece of bush. In my opinion .the amount paid in by tho defendants is liberal compensation for any damage that may have been done by them, and, the plaintiff's claim in respect. of the balance over and above that sum must therefore fail." . At the hearing of the case Mr. J. D. Yaldwin appeared for tho plaintiff and Mr. A. E. Hurley for the defendants.