A FENCING DISPUTE

Southland Times, Issue 16792, 22 July 1911, Page 3

A FENCING DISPUTE

NEIGHBOURS DISAGREE. At the Magistrate’s Court yesterday morning, William Blakie, farmer, of Ryal Bush, brought an action (a matter of dispute over fencing and trespass) against Elizabeth Phipps Blakie, also a farmer of rtjfal Bush. The parties are neighbours and relations. Mr C. S. Longuet appeared for plaintiff and Mr R. H. Rattray for the defen lant. PhUnt.iff’s statement of claim included three items half-cost repairs to fence fl ins, damages to fence by defendant’s horses £l, damage for trespass of defendant’s sheep and cattle on numerous oceu ions £5; —total, £7 10s. Defendant put in a counter-claim as follows: —Damage for trespass of plaintiff’s cattle on numerous occasions £5, damage for trespass on defendant’s crop of oats by about 40 ewe sheep £5; —-total, f 10. The ease was argued and threshed out for a ciiuple of hours from the point of view of the law regarding fencing, and Cf the facts regarding the state of the fence between the properties, and of the im.iual trespass of the sheep, cattle and horses belonging to the parties. As the case proceeded pieces of it were whittled away by the Magistrate, the claims for damage by sheep (£5). and of damage by horses (£1). and the counter claim being thrown out altogether. Evidence was given for both sides, and fhe Magistrate* non-suited plaintiff on the claim for fence repairs, gave judgment for defendant on the claim for damage by horses to the fence, and gave Judgment fur plaintiff in the counterclaim.