ACTION AGAINST MINER

Otago Daily Times, Issue 22326, 28 July 1934, Page 10

ACTION AGAINST MINER

ALLEGATION OF TRESPASSING VERDICT FOR THE DEFENDANT. (Peb United Pbess Association.) PALMERSTON N., July 27.

In the Supreme Court, before Mr Justice Ostler, William Roy Kelly, a farmer, of Tokomaru, sought an injunction against Edward Ralph Martin, a miner and prospector, to restrain the defendant from trespassing on certain property, that the defendant be declared a trespasser, and claiming £IOO damages. The plaintiff alleged that the defendant nad been trespassing upon a portion of his property for many months, and had refused to vacate it. The defendan. claimed that he had a legal mining option granted him by the plaintiff in 1930. He maintained that he had the right to hold and work any mineral leposits granted him by the commissioner of Crown lands.

Lengthy evidence was heard in which the defendant produced a document giving him tbe right for 10 years to search for minerals on the property. He alleged that the plaintiff had counselled all who came to his property to have nothing to do with the syndicate, which the defendant was endeavouring to form.

The plaintiff alleged that he had never seen anybody working on the property or carrying on mining operations there. The judge said that the mine might be no good, but be had to determine whether it was proved that the defendant was trespassing. The plaintiff could not succeed on his claim, the agreement giving the defendant the exclusive right to search for minerals. There was prima facie evidence against alleged trespass. In his Honor’s opinion, the plaintiff had not discharged the onus of proving that the defendant had broken the covenants of his license, as by telling people to have nothing to do with the project the plaintiff had prevented the performance of the covenants, and could not possibly complain of a breach of contract. Judgment was given .or the defendant.