A TRESPASS CASE.

Waikato Argus, Volume III, Issue 221, 11 December 1897, Page 2

A TRESPASS CASE.

(B'i TELEOEATU. —OWN CORRESPONDENT). Auckland, Last Night. A judgment of interest to local bodies was given at the Supreme Court to-day. This was an action for £4OO damages for trespass and for an injunction to restrain further trespassers brought by A. Daldy against the Coromandel County Council. The defendant corporation admitted pullingdown a fence and spreading road metal, but pleaded this was done on a public highway tor the purpose of removing obstructions erected by Daldy. The plaintiff contended that the land in dispute was his freehold. It was proved that although the present road had existed for many years, it had never been regularly dedicated by the owner to the public. The road had been used for 15 years by the public, and the county money had been spent in forming and metalling the same. JJaldy stated that though he was aware the public used and expended money on the road for many years, yet he did not know it was on his laud till this year, when he had it surveyed. Mr Parr, for defendant, admitted there was no dedication, but said the plaintiff waived his right, and it was now stopped. He cited Mawley v. Masterton Road Board in support of his contention.

His Honor gave judgment for the defendant with costs on the middle scale. He held that Daldy was now stopped from assenting rights inconsistent with his knowledge tor many years of public use and public expenditure.