AMURI ROAD BOARD V RUTHERFORD.

Globe, Volume XXIV, Issue 2644, 27 September 1882, Page 3

AMURI ROAD BOARD V RUTHERFORD.

At the Resident Magistrate’s Court this morning Mr Whitefoord gave judgment m the above case, which judgment, it is understood, governs other oases of a similar nature. The evidence had been taken at Waiau. Plaintiffs had attempted to force open, for the purpose of public traffic, a road or traok which ran through the property of defendant at Amuri. Hie Worship, after stating that the long delay in this case had been caused by the absence of Mr Holmes, the solicitor for the defendant, gave judgment for defendant with costs. He said, on the evidence, he did not think it had been shown that there had been any dedication of the road to the public formally, or that by custom right of user bad been established. It his opinion had been otherwise there would have arisen a question of title, which would have ousted the jurisdiction of the Court. He quoted a case of which the particular* were nearly the same as the present, via : Atkinson v Mcßae, heard before Mr Justice Richmond, at Blenheim, in 1877, where it appeared that plaintiff, while travelling a mob of sheep, had been assaulted by defendant, who took that method to establish his right over a disputed traok. The decision of the learned Judge had been similar to that now given by the' Court. Mr Joynt gave formal notice of appeal, and the cost* in the present action were arranged to be fixed at the next sitting of the Court at Amuri.