RACECOURSE CASE.

Timaru Herald, Volume XIIC, Issue 14062, 20 November 1909, Page 5

RACECOURSE CASE.

TRUSTEES NOT OWNERS

Per Press A&iociation

WANGANTJI. Nov, 19. Mr Justice' Edwards* decision was given this morning in a case, which Wro trustees of the Wanganm Jockey Club sued for recovery of damages for trespass alleged to liavo been committed by suburban residents across the racecourse. . , , , J.I _„„-n Defendants domed that the racecourse was in the possession or plaintiffs and justified their acts as being in exercise of the public right ol passago over the racecourse. li\i& Honour said that it was nob necessary or expedient to'attempt t°,?.S* tannine whether or nob the plaintiffs had proved their title or whether the defendants had . established a pubho right of passage across the land, lb was certain that for over hall a- century the public had until recently passed 'unchallenged across the land, hut whether the attendant circumstances were such as to establish a public, right he did not find necessary to enter into. The persons in possession of the course are the stewards of the Wanganui Jockey Club and the plaintiffs' claim was based not upon tho possession of the stewards but upon thfjir office as trustees, and plaintiffs must, therefore, fail in their action. They were non-suited with costs upon tho lowest scale. '