WARDEN'S COURT.
December 9.
Before H. W. Robinson, Esq., Warden.) Judgment was given in the case of Bremner and others (managers of Naseby Cemetery) v. John Oreighton.—The Warden held that the complaint was not for trespass, but for damage to a fence, which had not been proved. It had been proved that, after running the race through the unfenced portion of the reserve, it was brought so near the fence as to hinder the construction of a ditch which was necessary for the preservation of the graves, without an unavoidable interference. Defendant gave notice not to interfere, and the work was stopped—hence the present action. Ho thought that the-plaintiffs had mistaken their remedy. They sue Tor damages to what there is no evidence to show was injured. Defendant assumed a right to retain his race, and so succeeded in impeding the fence.. This might be a wrong; but it was not what was sued for. There was no alternative but to dismiss the case—although this must not be thought to justify the defendant in his occupation of the Cemetery grouud. The action is not for tresspass, but for injury ; which, the Court holds, has not been proved. " Case dismissed.
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Mount Ida Chronicle, Volume V, Issue 302, 11 December 1874, Page 3
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199WARDEN'S COURT. Mount Ida Chronicle, Volume V, Issue 302, 11 December 1874, Page 3
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