CUTTING OF TREES

Hawke's Bay Herald-Tribune, Issue 186, 24 August 1937, Page 8

CUTTING OF TREES

Defence's Case in Napier Civil Claim _ Evidence for the defence in the claim of £100 for trespass and damage t6 property by Wilfrid Arthur Goddard, of Hastings, against Winifred Jessie Terry, of Napier, in the case which commenced last Tuesday, was heard by Mr. J. Miller, S.M., in the Napier Magistrate's Court to-day. The case, which is in respeet of the eutting of trees on the plaintiff's property in Brewster street, Napier, is expected. to1 last well into the afternoon. Last week the evidence for the piaintiff was to the effeet that defendant, whose property in Brewster street was below that owned by the plaintiff, had complained repeatedly that leaves from certain trees there littered her lawn and garden. She had finally been given permission to lop certain branches off specified trees, and the plaintiff, visiting the property soon after, found 1 that several valuable trees had been cut down, that debris and leaves littered the garden, that trellis work- on his property had been broken, and that a large stoek of firewood rex>osed on the dofendiant's lawn below. He had bought the property beeause- of tho fine trees there, and called valuers to state that the eutting down of them had dep'reciated the property in valuc by more than £100. When the hearing resumed this moxn- 1 ing the defendant took tho witness box, her evidence being to the effect that the trees had been carefully and skilfully eut, in aecordance with permission granted to her by the plaintiff. Other witnesses included former oecupiers of the house, Mr. and Mrs. J. H. R, Semple, who gave corroborative evidence, and expressed the opinion that the felling of the trees had improved the property by allowing the sun to reaeh the formerly shaded house. Mr. E. L. Oommin appeared for the plaintiff, and Mr. V. J. W. Langley for tho defendant.