MAGISTRATE’S COURT

Evening Star, Issue 23564, 1 May 1940, Page 2

MAGISTRATE’S COURT

TUESDAY, APRIL 30. (Before Mr J. R. Bartholomew, S.M.) DEFAULT CASES. Judgment (with costs) was given for plaintiffs in the following cases:— Bruce Coal Co. Ltd. v. I. Wood, £1 5s 3d, goods supplied; Wholesale Radio Dealers Ltd. v. Cannelo Antony’ Jacalone (Carey’s Bay), £1 6s, goods supplied. DISPUTE OVER BOUNDARY FENCE. The case was referred to by the magistrate the action brought at a previous hearing by George Ferguson Dryden, a bricklayer, against Peter Stanley Lawson, a clerk. The. plaintiff alleged that the defendant wrongfully cut down a holly _ hedge serving as a boundary and dividing fence between the respective properties of the parties, and claimed £lO by way of general damages and £3l as special damages, being the estimated cost of a boundary fence and a concrete supporting wall to replace the hedge. The claim for special damages also covered the cost of the proceedings. The Magistrate reviewed the case, and said that the defendant had no right to cut down the hedge, which served as the boundary’ line. Had this been a malicious act by the defendant the plaintiff would have been entitled to substantial damages. The Magistrate intimated that the plaintiff would bo awarded general damages, and as several difficulties were involved in the •assessing of special damages, he would adjourn tho case until May H to allow 1 tho two parties to confer.