REST DISTURBED” BY FALLING BRANCHES

Southland Times, Issue 23838, 8 June 1939, Page 9

REST DISTURBED” BY FALLING BRANCHES

UNUSUAL CLAIM BROUGHT IN SUPREME COURT (United Press Association) AUCKLAND, June 7. A substantial bundle of bluegum kindling wood on the floor of the Supreme Court suggested something unusual in the nature of proceedings. The bundle was an exhibit produced in support of the claim of a Mount Albert resident for damages allegedly suffered through the dropping on his roof of sticks and nuts from a neighbour’s gum tree. The plaintiff was Francis Cornelius Malloy, retired mill manager, of Mount Albert, and he brought his claim against William Gwennan Drummond, school teacher, of Mount Albert. The plaintiff complained that from a large gum tree, near the boundary of their properties, the dropping of leaves, bark, small branches and nuts on his roof caused loss of sleep and mental suffering, as well as blocked gutters and spouting on his house. He claimed £lOO damages and an injunction to compel defendant to abate the nuisance. The defendant replied that the tree was growing on the property at the time he purchased it in 1923, and that none of it overhung, plaintiffs property, and he denied that the plaintiff was entitled to relief. Counsel said the noise on the roof caused by the tree was having an injurious effect on the health of plaintiffs family and was detrimental to their use and enjoyment of their own dwelling. ‘ Mr Justice Fair said he could understand that this type of inconvenience was very annoying, but counsel had to satisfy him that the law prohibited the growing of a tree in this way. Tire defendant’s counsel said that if the plaintiff could satisfy his Honour that the law gave him the. right of action they need not trouble his Honour any further. His Honour: You contend that the plaintiff has no remedy in law. Counsel: That is so.

His Honour said he would take time to consider the question of law and would give his decision on that before proceeding to hear evidence, if that should be necessary.