CHERRY V. ATKIN.

New Zealand Herald, Volume XXII, Issue 7343, 2 June 1885, Page 3

CHERRY V. ATKIN.

TO THE EDITOR.

j318,— In the above case the solicitors defending the case had a deal to say about inaccuracy of survey, to which I had no opportunity of reply. This alleged inaccuracy as simply a diiference of opinion on* question of judgment, not of measurement. What are the facts? The road has been enoroaohed npoD, either all at one aide, or partly at both sides. With some knowledge of the survey of the neighbourhood, I come to the conclusion that the weight of evidence available is against my employer. Another surveyor might come to a different opinion, but for lack of data (the original Govern. ment survey of this portion being lost), neither of us could be ab«olutely sure. I have to use my judgment; here is a strip of ground about 15 inches w.de "disputable;" if it" included in my (surrey and sold at some future day legal proceedings may, probably will, result. Including or excluding it does not affect the price of the lots one iota. Aoting in the interest of my employer, and with his acquiescence, I leave out this disputable strip, and leave • the road' its proper width. A solicitor,' who proves to be in some way master of the situation, sends another surveyor, Who takes in this strip, and sends a plan of it to the Survey Office where it is approved. .So,' for trying to protect my emp oyer from risk of legal proceedings on a disputable point, I am roundly charged with inaccuracy of survey. - Apologising for troubling * you, I am, &c, F. Chxbby. ■ .June 1, 1885. ■ ■ \ : .■■ ;ss-?**P 1%