A TIMBER DISPUTE

Southland Times, Issue 19396, 10 November 1924, Page 5

A TIMBER DISPUTE

OTATARA RESIDENTS IN COURT. MAGISTRATE’S RESERVED DECISION. “I have given the case some consideration,” said the Magistrate, Mr G. Cruick shank, S.M., at the Invercargill Courthouse on Saturday morning in giving his reserved decision in the case heard the previous day respecting a claim by Thomas William Allen (Mr M. Mitchell) from Albert Abdul Howell (Mr A. B. Haggitt), of £2O 0/4 alleged to be owing for timber taken by defendant from plaintiff’s property. “It is not altogether an easy matter to decide,” continued his Worship, “and is more like a case where two neighbours have fallen out. With regard to the timber used for the construction of three culverts, I do not propose to allow anything for two of them, as they benefit plaintiff’s property more than defendant’s, and for the third one I am going to allow the sum of 10/-. I cannot say how much timber was used in the pig-sties, but I am assessing it at 1000 feet, which at 10/- per 100 ft makes another £5. Then for grazing I am allowing plaintiff £1 16/- and a further 3/6 for a new padlock, making a total of £7 9/6, against which I am giving defendant 10/for the use of a horse for two days. I do not think there is anything else to be taken into account; judgment will therefore be given for plaintiff for the sum of £6 19/6, with Court costs £2 1/-, solicitor’s fee £1 11/6, and witnesses’ expenses £3 12/-.”