TRIMMING A HEDGE.

Waikato Times, Volume 104, Issue 17493, 29 August 1928, Page 8

TRIMMING A HEDGE.

ON NEIGHBOUR’S LAND. A HAMILTON LAWSUIT. £226 DAMAGES AWARDED. Heavy damages were awarded by Mr S- L. Patterson, S.M., in the Hamill,on Magistrate’s Court yesterday in the case in which John Bates on and Son., nurserymen, sued John Riggir on account of loss suffered through defendant’s cutting a shelter belt of lawsonianas around a fruit-tree nursery. His Worship assessed the loss at £226 16s and gave judgment for this sum and nosls.

Ernest Gothorpc, farmer, said he considered the cutting of the hedge had made very little difference to its value as shelter.

Mr Genian said it. appeared to him l,hal, although ihc expert witnesses on plaintiff's side were quite honest, they had made an exaggerated estimate of the extent of Lhe damage. If the section on which the hedge-cutting had occurred were planted, he believed the loss would not be anything like £250 — the loss which Mr Bateson estimated he would suffer from planting Lhe stale land instead.

Mr Stace, addressing the Court, said defendant had had plenty of warning of the consequences of his conduct. He pointed out that the witnesses for plaintiff were expert nurserymen. In law defendant was liable for the full amount of the loss even if he had not realised the damage he was causing. Liberal Damages.

His Worship, in giving judgment, said a jury would be justified in such a case in awarding punitive damages, but he preferred to say that liberal damages should bo paid. He could not take into consideration defendant’s present expression of regret. Such apology should have been made earlier and some compensation offered. He. gave judgment for £226 16s and costs.