GRAZING DISPUTE.

Putaruru Press, Volume XI, Issue 510, 23 February 1933, Page 5

GRAZING DISPUTE.

FARMERS’ DISAGREE.

Small Amount Involved. A dispute over the grazing of a crop of swedes at Tokoroa had a ■sequel at the Putaruru Magistrate’s Court, before Mr. S. L. Paterson, S.M., on Friday, when Jane Dobbin claimed from T. Mulholland £8 4s, balance due on a grazing agreement, and Mulholland counter-claimed for £8 4s, mostly for swedes which it was claimed had been eaten by Mrs. Dobbin’s cattle. Included in the amount of the counter-claim was 30s Tor damages to a horse belonging to Mulholland’s drover, which it was claimed had been worked by Mrs. Dobbin. Mr. J. E. O. Lochhead appeared for Mulholland, and Mr. A. L. Mason Sot Mrs. Dobbin. T. Mulholland, farmer, of Okoroire, said he purchased the grazing of swedes from defendant for a sum of £BO. This was at the rate of £4 per acre. Some time after witness’ cattle were put on the property 'he 1 paid a visit and. foqpd five or six of Mrs. Dobbin’s horses and seven head of cattle on the swedes. About four days later, despite a protest, defendant’s cows were still on the swedes. He had seen them there on other occasions also.

In answer to Mr. Mason, Mulholland said he saw Dobbin’s cattle on the swedes on July 11, and surmised they had been there since June 3. He had claimed from the latter date.

Eric Neil, agent for the Farmers’ Auctioneering Co., said he was present when the sale of the grazing was effected. It was understood that Mr. Dobbin was to look after Mulholland’s cattle when they were on the property. The usual grazing charge for cattle was 2s 6d per week. At this stage the Magistrate said it was a matter of law that if a person sold grazing to another it was the duty of the vendor to see that the grazing rights were not interferred with. Mrs. Dobbin should have prevented any cattle other than Mulholland’s from going on to the swedes.

Fred George Sutcliffe, employed by Mulholland, also gave evidence of having several times seen Dobbin’s cattle on the swedes. Witness had left his horse on the swedes, and it had fallen away greatly in condition. He had reason to believe it had been worked. Mr. Mulholland had allowed him 30s for damage to the horse.

Mrs. Dobbin’s evidence was a general denial that her cows had trespassed, and was supported by the evidence of a neighbour, A. G. Crowe, who said for a period of the time for which grazing was claimed all but two of Mrs. Dobbin’s cattle were at witness’ farm at Tatuanui. He had seen a strange horse, which Mulholland claimed to be his drover’s, working in chains on Dobbin’s farm.

Robert Milner, farmer, of Puketurua, said he also grazed cattle on another part of Mrs. Dobbin’s farm from April 13 to July 6. He made numerous visits to see his cattle and found no cause for complaint. He had never seen his cattle on the swedes.

The Magistrate said he thought Mulholland’s version of the affair was the more reliable, and was corroborated. Judgment was given for Mulholland with costs.