CROSSING A RACECOURSE.

New Zealand Herald, Volume XLVI, Issue 14223, 20 November 1909, Page 8

CROSSING A RACECOURSE.

ALLEGED TRESPASSING. ' [BY TELEGRAPH. ASSOCIATION;] ; WangaNixi, Friday. The decision of Mr. Justice Edwards was given this morning in the case in which the trustees of the Wanganui Jockey Club sued for recovery of damages for trespass, alleged to have been committed by. suburban residents across the racecourse. Defendants denied that the racecourse was in possession of plaintiffs, and justified their acts as being in the exercise of public right of. passage over the racecourse. ■ •.•■■■"'■.

His Honor said it was not necessary or expedient to attempt to determine whether or not plaintiffs had proved their title or whether defendants had established a public right of passage across the land. It was certain that for over half a century the public had, until recently, passed unchallenged across the land, but whether the attendant circumstances were such as to establish a public right ho did not find it necessary to enter. The persons in possession of the course were the stewards ,of the Wanganui Jockey Club, and plaintiffs' claim was based, not upon the possession of the stewards,' but upon their office as trustees, and plaintiffs must therefore fail in the action. They were nonsuited, with costs upon -the lowest scale. . ■■ - ■ ■ •■■