VEXED QUESTION OF FARMS AND RAILWAY FENCES

Chronicle (Levin), 6 December 1947, Page 5

VEXED QUESTION OF FARMS AND RAILWAY FENCES

Press Association)

(Pcr

KAWEKA, Dec. 4. On the mucli vexed farming question of ihe maiiiteii:uice of 1 ences dividin'g railway and fann pi operties, a tost eaxc was taken in the Hawera MagisIrate's Court on a petition of right hy Henry William Stewart , dairy farmer, Hawera, to lecover from the Urown £85 l'or the ioss of live cows throngh an alleged bieach of imjdied contraet. In dismissing the pelition the Hagihtrate (Mr. J. II. Bainton ) said Uie matter was governed by Seoiion 2 oi' the Publio Works Ari, in whieh 110 ro sponsibility devolved upoii tlie Railway. s Departnient to maintain division fences, unless proelaiined in pursuance of the Act. Htewart's fence, he said, like most Taranaki fences, was not proclaimcil, and t-he Fencing Aet did not bind the (Town. The fact that ihe departmeiu had nndertaken eertain repairs, withont reference to farmers, for the safety oi trsiins and passengers, had been eon strned by Stewart and otliers as a con tract to keep the fences in repair, but it wus impossible to raise implied contract in contrav ention of the Statute or, indeod. of the d» partment 's own bvlaws. Stewart eould not have been lulled into a false sense of seeurity, also .1 ground for action, for wlien the repairs were examined it was foumi" thev amounted to no more tlian mere patching for seeurity of the line.