S.M. Court

Manawatu Standard, Volume XLI, Issue 8071, 23 August 1905, Page 5

S.M. Court

PALMERSTON—TUESDAY,

(Before Mr A. D. Thomson, S.M)

. The Athletic Park Coy. (Mr Moore) v. H. Thomas, claim £8 los, damages for alleged trespass on lind belonging to the company in getting metal. The following evidence was adduced:— • ■ _H. C. Mellsop, secretary- of the'coin.-; pany, said it owned certain.land at Hokowhitu, which witness described. The company liad been in possession since about IS9B. Hi; had seen defendant loadiug gravel within the company's land on several occasions. Defendant had never co:ne to ; him and obtained permission to uwt gravel from the river-bed.

Defendant, called by the plaintiff company, said that since the agreement made between the plaintiff and J. Jones) empowering the latter only to cart gravel, he had carted ten loads of gravel. He had not asked permission to take them. Witness, was under the impression the borougL boundary went into the middle of the river, and that the metal was borough .property. He had been told that in effect by a mem: ber of the last Borough (Ikmncil. H. Thorburn said he was authorised by J. Jones to let people take metal if they paid for it. He asked Thomas for the necessary money and he said he would pay " when the others paid." The case for the defence was that the metal was not taken from the Company's land, but if the Court held it was, then the metal was obtained with Jonea' consent.

Counsel for the defonce did not call any further evidence, his client having been called by the plaintiffs. He contended the plaintiffs had no claim to the land from where the metal was taken. He held they had noli shown actual occupation of the property. His Worship ruled that actual possession had been shown by the plaintiff company and gave judgment for £5 general damages and la special damages; costs 14s. Security on appeal was fixed at iJIS. ' .