REMOVAL OF TREES

New Zealand Herald, Volume LXXIV, Issue 22714, 28 April 1937, Page 16

REMOVAL OF TREES

CLAIM FOE DAMAGES DETECTIVE BRINGS ACT I Oft ADJOURNMENT OF HEARING The cutting down and removal of pine trees growing on the boundaries of property belonging to Detective-Ser-geant A. G. McHugh formed the subject of a claim for damages heard by Mr. W. 11. McKean, S.M., in the Magistrate's Court yesterday. Plaintiff was Detective-Sergeant McHugh, and defendants were W. L. Wiseman, solicitor, of Auckland, and Dominion Park Estate, Limited, Rotorua. Mr. Moody appeared for plaintiff, and the defendants were represented by Mr. Richmond. Plaintiff in his statement of claim alleged that the defendants about May 10, 1936, and on subsequent dates, wrongfully entered and trespassed on his land in Pah Road, Onehunga, and cut and removed 13 pintis insignis trees growing on the boundaries, and sold the timber. He claimed £lO damages for the estimated cost of repairing fences, £25 for tho estimated cost of stumping the trees, and £IOO general damages for alleged wrongful trespass and depreciation in value of the land. Submissions by Defendants The defendant company admitted liability for the amount received for the trees and said it was willing to pay that amount. The other defendant denied liability, as it was claimed that he was purely an agent. Plaintiff in evidence stated that there were 13 or 14 trees on the side of the property facing Pah Road. They were there for protection against cold winds coming off the harbour, and he had refused several offers to buy them, as he intended to build a house on the section. When he went out to tho property iu January he found tho whole belt of sheltering trees had been cut and removed. The fence posts also had been stolen or taken away. Legal Argument to be Heard Witness said he discovered that Wiseman knew all about the removal of the trees, but accepted no responsibility, as he was only acting for a company. Evidence was given by a labourer, George Ambrose Shelley, that he had been instructed by Wiseman to cut the trees and sell them. The defendant Wiseman stated that he was only acting as an agent for the companv and passing on instructions to Shelley. He had not authorised the cutting down of trees on McHugh's property, but had given instructions for cutting trees on the company's property. James Alexander Lamb, a timber merchant, in evidence expressed the opinion that the removal of the shelter trees had made a difference of £IOO in the value of the land. .Tho case was adjourned until tomorrow afternoon to enable the magistrate to hear argument on certain questions of law.