BOROUGH COUNCIL SUED.

New Zealand Herald, Volume LXVIII, Issue 20827, 20 March 1931, Page 14

BOROUGH COUNCIL SUED.

CLAIM MADE FOR TRESPASS,

CASE CONCERNING LAND

[from our own COJtrespondent.]

WHANGAREI, Thursday.

Reserved judgment in a claim brought by the trustees of the Mair Estate (MrStcadman), against the Whangarei Borough-Council (Mr. Briggs), was given by Mr- G. N. Morris, S.M., in the Magistrate's Court, yesterday. The claim was for £l5O damages for alleged trespass duo to the defendant council encroaching upon the plaintiff's property; It was stated that a mistake had beon made owing to the fact thai; an old fence line had been followed, which was not actually upon the legal road frontage. A sewer was laid underground some time ago and the fact that it encroached 4ft. at one end of the section was only recently discovered. The plaintiffs claimed that it. Was a continuing trespass and therefore was not barred by time. limit, and the magistrate uphold this contention. Mr. Briggs, however, raised the point that tlio magistrate had no jurisdiction owing to the question of tne title to the laud being involved even although the council had paid £5 into Court with a denial of liability. The magistrate, in giving judgment for tJio council upon 'this latter point, stated he would not allow any costs against plaintiffs, asi he said that Air, Briggs should have brought his objection earlier and that therefore the plaintiffs were put to considerable expense which could havo been avoided.