DAMAGE TO SWEDES

Taranaki Daily News, 17 August 1935, Page 17 (Supplement)

DAMAGE TO SWEDES

KAIMATA FARMERS’ TROUBLE CONFLICTING EVIDENCE 'GIVEN Conflicting evidence of the extent and amount of the damage was given by witnesses when a claim for £3O for damages to a crop of swedes caused by the depredations of six pigs was heard before Mr. W. H. Woodward, S.M., in the Inglewood Magistrate’s Court yesterday. Plaintiffs were Silas Augustus, Hector Henry and Alfred Godfrey Bathurst, farmers of Kaimata, and Henry Jones, also of Kaimata, was the defendant. After hearing the evidence, Mr. Woodward gave judgment for plaintiffs for £2 10s with costs amounting to £4 Bs. “It seems to me,” he said, “that £3O is out of all reason and that a proper estimate lies somewhere between the two. Jones witnesses seem to have made a somewhat more careful inspection of the area damaged, but they have not allowed sufficient for the costs of preparing the ground. If that costs about £4 13s, then the value of the crop must be more than £2 10s.” Mr. G. Macallan appeared for the Bathursts and Mr. I. Grant for Jones. The plaintiffs and defendant were neighbouring farmers, said Mr. Macallan. On May 22 it was discovered that considerable damage had been done by Jones’ pigs to seven acres of swedes owned by the Bathursts. The plaintiffs considered the total loss was £3O. The swedes were to be used as winter feed, and it was anticipated that the feed would last till - September. The crop,- as

the result of the damage, had lasted only to. the present time. Jones had paid 30s into court as recompense for the damage. Independent witnesses would give evidence of the extent of the damage, but the quantum of damages was the real point at issue. The Shthursts and some neighbouring farmers gave evidence. • - -

On the evidence given for plaintiffs, independent witnesses had estimated the value of the crops at £6 and £4 an acre, said Mr. Grant in opening. The remainder of the claim must be for inconvenience which, he submitted, could not be assessed as damages. Evidence on these lines was given by ■Jones and otherf'farmers.