TRIVIAL CASE

Nelson Evening Mail, Volume LXI, 6 February 1928, Page 5

TRIVIAL CASE

SMALT. DAMAGES FOR LIBEL

(United Press Association)

AUCKLAND, 2nd February. "I do not think this, is a case which should have come before the Supreme Court at all. It is extremely trivial, and a little display of reason by the parties would have resulted in there being no cause for action at all. Costs on tho Magistrate's Court scale only svill be allowed." This passage occurred in Mr Justice Reed's remarks when he gave judgment this morning for '£lo 5s in claims for libel amounting to £7OO. Tlie cas6 was a Whakatane one, in which two claims were made, one for £2OO and one for £SOO, by , Alexander George Anderson McTavish, ranger and poundkeeper for the Whakatane County, against George Samuel Whiteside, retired ciy.il'engineer. The claim set out that on 12th August last defendant wrote to the County Council as follows: ""Should any garden gate be open, the harassed animals '* give trouble, while their bullying, insolent driver (meaning plaintiff) takes Scotch leave to trespass in pursuit over private land." On 26th July, defendant also wrote referring to plaintiff's "most abusive and objectionable manner," and stating that plaintiff threatened him with personal violence and called him "all the vile, filthy, and insulting names. he could think of." .