TREES OVERSHADOWING ROADS.

Wairarapa Daily Times, Volume XXVI, Issue 7241, 23 August 1902, Page 3

TREES OVERSHADOWING ROADS.

An Interesting Decision

The adjourned appeal by R. Leggett against an order of the Kowai Road Board " to remove, or trim, or lower, trees overshadowing the road," onN.N.E. side of North road, between Ashley bridge and Salt Water Creek, was heard before Mr H. W. Bishop, S.M., at Rangiora, recently. R. Heaven stated in tho last eight years seven or eight trees had fallen on tho road. R. Mathers also said the road was kept wet in winter. Ho bad removed fallen trees from the road, which would have cost 4s. A tree had fallen between himself on horseback and a beast he was driving. R. W. Wright, surveyor of the Eyreton and West Eyreton Road Boards, said it would cost a third more for tho up-keep of a road shaded from sun and air than one exposed to tho sun. In tho West Eyreton district tho Board was removing its own plantations which wero found to oversharlo the roads. Mr Browne, for tho appellant, contended that it was not an offence for an owner to allow trees to overshado a road, but such as obstructed or caused damage might specifically bo ordered to bo removed. Ho contended that no ovideucc had been called to show that extra cost or inconvenienco to the Road Board and public had been caused. Tho Magistrate said he had taken great interest in the case Ho saw no reason to recall his impressions at the first hearing that the notice was defectivo, and in ordering tho removal of the grove of trees tho notice was not reasonable, and to his mind exceeded the powers given by tho statute. The theory that a road shaded by a plantation increased the cost by a third was not supported. So far as tho legal view of the case went, the Board had wholly failed to prove tho trees were detrimental to the road. The question of risks by trees falling must be common to all plantations of tho kind in very high winds, aud that in eight years eight or nine trees had fallen could not be considered very unusual. Judgment was for tho appellant, tho defendant Board to pay all costs.- -Chrisichurch Press.