Magistrate’s Court.

Southland Times, Issue 13237, 10 June 1895, Page 4

Magistrate’s Court.

Friday, 7th June. (Before Messrs T. Perkins and_W. 11. Hall, ' J.'sP.) UNDEFENDED. Judgments for plaintiffs were given in the following cases: —Tothill, Watson and Co. v. Timothy Regan, for L 7 13s lid, costs LI LIGs 6d ; Peter Myers v. Thomas Mason, for 19s, costs 7s. TRESPASS. William Atkinson v. Albert A. Howell. —For plaintiff, Mr F. V. Raymond ; for defendant, Mr A. C. Henderson. Claim of LS for damages by trespass of cattle and L2 as a proportion of a boundary fence removed by the defendant. The parties are neighbours at Tisbury. Plaintiff’s case was that for about two years the defendant’s cattle had so continuously trespassed on his land that it had thereby been made useless, all feed being eaten off. A witness stated that he had offered plaintiff L 4 per year for the grazing and that after placing his horse on the land for two or three weeks he had to remove it the anima! being starve 1. He had noticed several of defendant’s cattle on the land. The dividing fence was admitted by all witnesses to be insufficient,and it was also admitted that there were other cattle than defendant’s trespassing, also that plaintiffs slip panels wore frequently left down. There were about a dozen witnesses, whose evidence was very contradictory as to the feed and the condition of the section, some affirming that part of it had been sown down in English grass white others stated that the feed at i's best was, in the open, native grass and the principal portion dense scrub. Some argued that the treepiss of cattle had rather benefited the land than otherwise. The Bench s lid that the defendant having admitted the trespass judgment would be entered for plaintiff for L 4 on that head, but that the timber of the old dividing fence had not been shown to be worth anything ; costs L 3 ss.