Intruding Branches: Inieresting Case

Waihi Daily Telegraph, Volume IV, Issue 1112, 6 October 1904, Page 3

Intruding Branches: Inieresting Case

An interesting ease, in which tho kg,:l doctrine was involved that a person \m no light lo maintain soiuothing in his land that, by thrißting itself on his ncighbout'a land, docs damage to his neighbour was recently decided in tho [vine's licuch Division. Of two adjoining Ihiul-owiut.s 0110 wan a fruit grower, and lie inr.npkiuod that tho ovorhanging branches of, bin neighbour's ash trees his fruit trees, and as his neighbour refused to cm nil' the over linnging branches lin brought sin action in tin: County Court for dimmgcs nnd br an injunction. The County Court hold that the fruitgrower's romoily in tlio ciicinnsluncos was to cut off tho overhanging branches and tlwl un action would not iio, From this decision he appoaled, and Mr. Juatico Wills and Mr. Justice Kennedy, in tho King's Bonoh Division, upholding Iho nppiMil, ordered a now trial, Mr. dustico Wills said it was was true that such an notion as tho pfiintilf in this eisc sought to maintain was not to be found iu Iho books, and ho had a strong feeling agaioeb es'. übhsliing a new ground of action, but he wus uunblo to distinguish hot weon the principlo of this ease and that ol a caso in which it had been held that an action was maintainable against a defendant who illlowed a yow trees growing on his land m overlap another persons land, with tho result that iho lattcrtyattlo ato of ,lho ttoc aud died.