A FENCE DISPUTE.

Gisborne Times, Volume XXIX, Issue 3184, 1 April 1911, Page 2

A FENCE DISPUTE.

JUDGMENT IN THE MAGISTRATE’S COURT. Mr W. A. Barton, S.M., yesterday gave his decision in regard, to the case of J. E. Benson. .(Mr Stock) v.. L. C. Miller (ill- J. W. Nolan), in which lie was asked to adjudicate concerning the fence line between the properties of tlie respective parties. His Worship said that lie was in receipt of Mr Holden’s report: on the subject, in which it was stated that the present site of the fence was unsuitable, and lie had' therefore flagged out a new line. Mr Stock applied for costs for plaintiff.. Mr Nolan pointed out that Mr Holden’s- report, embodied the very suggestions which had been made to tlie Court when the evidence was taken. As the report simply bore out a suggestion which had been made to the plaintiff, he submitted that costs ought not to "he allowed. Mr Stock replied that there -was no doubt that had defendant been a reasonable man all the trouble could have been avoided. His Worship ordered that the Pence be properly set up on the tine given in Mr Holden’s renort. and awarded costs amounting to £4 16s to the plaintiff.