1898 - MONDAY, .AUGUST-29, - BANCO 'COURT. (Before the Chief Justice and a jury of four.) CLAIM FOR TRESPASS. I Witts v. Pether. - Mr. Ferguson and Mr. Veech, instructed by Mr. D M Myers (agent for N. Emanuel, of Tumut), appeared for the plaintiff , and Mr. Pike and Mr. P. K. White, instructed by Mr John Howarth, for the defendant. This was an action brought by Alfred George Witts against Lilla Pether to recover compensation from the defendant for permitting her sheep to trespass upon his land and consume the grass. The case for the plaintiff, who is a grazier, was that prior to June, 1897, he leased about 25,000 acres of well grassed and watered land known as "Talbingo" holding, in the district of Tumut, for the purpose of renting it to pastoralists from other parts of the colony who in consequence of drought might be compelled to send a large portion of their stock to the colder district of Tumut, where feed could he obtained.
In 1897 in the Riverina and other districts the season was particularly dry, and the plaintiff, having removed his family to Talbingo, entered into negotiations with pastoral lesses in various parts of the colony for the agistment of their stock. Defendant, who is a station holder at Maude, in the land district of Hay, sent her son, Arthur Pether, with 7500 sheep, purchased at Won and Calimo stations, in search of pasturage, and the plaintiff said that in the early part of June, 1897, these sheep were driven by defendant's son on to Talbingo, not with standing that plaintiff warned him that he was the lessee of the land When Pether was asked by the plaintiff to leave he refused to do so, and said that he had us much right there as the plaintiff. The result was that when other owners of stock who intended to obtain egistment at Talbingo found it occupied by a large number of sheep they refused to rent the land, and went elsewhere. Defendand as at one time offered to pay plaintiff £50; but this the plaintiff refused as he only wished Pether to remove his sheep, and Pether said he could bring an action against him, but that if he did he would get nothing out of it.
The sheep of the defendant consumed a large portion of the grass on the run, and plaintiff in consequence of the trespass lost the profits which he would have gained by renting the land to other persons.
He claimed £500 damages. In the caurse of the plaintiff's case defendant was called, and said that when ¡ihoícut the sheep away and placed them in charge of her son as drover, and she agreed to pay him &2 5s per week wages. She also entered into a contract with him for the agistment of the sheep on his Snowy lease at Long Plain, about 11 miles from Kiandra, at the rate of Cid per head. In June, 1897, she did not hear where her son was, and it was not until August that she ascertained his whereabouts. She also said that abo-had made no offer to the plain tdï ia settlement of tho action.
Counsel for plaintiff, with tlio Mew of connecting defendant with tho trespass, asked the plaintiff about conversations which pasted between him and young Pether, but the evidence was objected to and rejected. Counsel for plaintiff thereupon closed his case.
Mr Pike moved for a nonsuit on the ground that there was no evidence of the liability of the defendant
His Honor said that there was no evidence against defendant, and if anyone was liable it was her son. Plaintiff nonsuited. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954)(about) Previous issue Tuesday 30 August 1898).
at Jones's Bridge, Wermatong and the West Blowering areas are * Indicated in a report listed in the NSW Government Gazette on 9th July 1965. This being their official notification of a date to restart their futures.
J.B.RIDLE - ? acres
C.A. DUNN - ? acres
W.J. MOOREHEAD - ? acres
J. RAMSBOTHAM - ? acres
Estate of the late W.J. & Mrs M.J & Mr B.M.) - 583 acres
T.B. GUY - 4 acres
Mrs H PETHER - 13 acres
E.W & H SMITH - 2 acres
Mrs E.M BROWN - 3 acres
A. DAY - 99 acres
Mrs A.N. BUSH - 4 acres
C.A. HUDSON - 5 acres
Mrs S ROBERTS - 1 acres
Mrs A.M. DOYLE - 22 acres
E.W. SIMMONDS - 2 acres
M.G. BUSH - 82 acres.
BRIDLE.-September 22, at Tumut. William Hendy Bridle, beloved father of Ethel, Tessie, and Madge Bridle, and Beatrice Franklin. - (Ref- The Sydney Morning Herald (NSW : 1842-1954) Wednesday 24 September 1919).
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