DAMAGES CLAIMED FOLLOWING ALLEGED TRESPASS

Chronicle (Levin), 10 June 1946, Page 4

DAMAGES CLAIMED FOLLOWING ALLEGED TRESPASS

DECISION IN LEVIN CASE RESERVED Damages of £5 as the result of an alleged trespass in respect of a garage at Waitarere Beacn were claimea from George Frederick Edwards in the Levin Court on Friday by Mary Cameron anu James Wood. A further claim oi £10 was made by Wood for anegea damages and trespass on a rnotor car. Mr. A. M. Goulding, S.M.;, heard the case. Mr. N. M. Thomson appeared for the piaintiffs and Mr. A. M. Ongley, of Palmerston North, for the deienaano. Mary Harrison Cameron said tnai. she and the co-piaintiif, Wood, were joint owners of a property a* Waitarere Beach, which, at thetime of purchase, was tenanted by one, Peacock, with wh'om an arrangement was made for Wood to use the garage. Subsequently the defendant, Edwards, took over tne tenancy upon the understanding that the garage would not be avaiiable to him. It was agreed that the defendant should have the right to store a few things in the garage, and in view of nis restricted use of the garage the rent of Ghe defendant was nxed at 27s 6ci weekly. During a tenancy of 2() months Edwards used the garage for storing a few things only, ana raised no objection to Wooa's use oi it for storing his car and trailer. Subsequently Edwards smashed the iock of the garage and pushea Wood's cars outside, forbidding the piaintiffs to come upon tne property. He wired up the garage, ana xorbade the piaintiffs the use of it, preventing their access to their property stored therein. She was vViliing that earlier arrangements should remain, provided she nad the right to use the garage ae lormeriy. To Mr. Ongley: She would swear that at the first interview with Mrs. Edwards the garage was expressly excluded from the tenancy, with the provision that Edwards mighu store a few things therein. James Wood, stated ne was joint owner of the property. He gave corroborative evidence as to the terms' of Edwards' tenancy, particularly in respect to the concession that he should park his car in the garage, and as to the subsequent wiring up of his garage gateway I and later removal of his car froni i the building by Edwards. ! The defendant stated that he had j agreed to take the tenancy of the j house at 27s 6d per week, and at the time there was no mention oi ' the garage as distinct from the | house. He stored excess furniuure in the garage, of which he was given the key. He afterwards agreed that Wood should park his caravan-trailer in the garage. Wood a little later also put his car I into the garage. Owing _to congestion, Wood was asked to remtove the car and trailer, and the trailer was | removed by -Wood. He had later i removed the locks which Wood had I placed on the garage, and- pushed j Wood's car outside. He had wired up the gateway. To Mr. Ongley: Defendant stated that he ciaimed that the garage was included in the tenancy, and that he had a right to remove the car. ... Evelyn Edwards, ' wife of the defendant, gave similar evidence. She said that she was unaware tnat Wood was a part owner of the property. Witness, in reply to Mr. Thomson, said that Miss Cameron had not menfcioned the garage when the terms of tenancy were being I arranged. Mary Booth, stated in evidence I that the key of the garage had been 1 borrowed from the Edwards' during | the course of visits she made to uk, j house. e j Judgment was reserved until | further evidence as to the question of title was forthcoming.