CLAIM FDR DAMAGES.

Gisborne Times, Volume XXVII, Issue 2508, 22 May 1909, Page 6

CLAIM FDR DAMAGES.

TECHNICAL POINT RAISED

' At the Magistrate’s Court yesterday morning before Mr "W. A. Barton, S.M., William Bruce, slieepfarmer (Mr Stock) proceeded against Alfred John Smith, carpenter (Mr. Barnard) to recover the sum of £3, being £2 for the value of a frame of sheet iron, alleged to have been damaged by tho defendant, and £1 damages. The plaintiff said that a space of Oft or 10ft separated his house from defendant’s in Aberdeen Road. He had erected a barricade of iron for the sake, of privacy, and the defendant had out it down. A dispute occurred and he had removed a previous barricade, because defendant claimed that it was on his land.

Colonel Winter gave evidence as to the barricade being situated exactly on the boundary between the two sections. He had made a survey of the situation, which was approved by the Survey Department. For the. defeuce Mr Barnard stated that the question of title would he raised. and that the ease would consequently be out of the jurisdiction of the Magistrate. George Grant, surveyor, deposed to having made a survey of the sections. Assuming Colonel Winter’s pegs to he correct, he found that the barricade was erected on defendant s section 34in at one end and 23in. at the other. He would guarantee his measurements to be correct. . Evidence was also given by the delendant as to the situation of the barricade and by James Gardiner, authorised surveyor’s assistant. His Worship said that the question was one of title, and that the matter was out of his jurisdiction. The case would have to be struck out. Costs amounting to £3 6s 6d were allowed.