- Details
- Edition: 10 June 1903 10 June 1903
DEFENDANT'S GOOD
HUMOUR PLEASES
THE JUDGE.
At Cockermouth County Court on Saturday, Juno M. STRONG, yeoman, Plumbland House, Aspatria, claimed from Amos RUDDICK, farmer, Plumbland, the sum of £6 damages in respect of trespass by cattle. Mr. GIBSON, Wigton, appeared for plaintiff and Mr. Gordon F. FALCON for defendant.
Mr. GIBSON said the case was a simple one of trespass caused by negligence in driving cattle, which were allowed to wander from an occupation road
into plaintiff's field, and doing damage to about two acres. The trespass had extended over a period of two months.
Plaintiff stated that he occupied his own farm and Mr. RUDDICK was also a farmer in the village. He admitted that the latter had a right of way over a road adjoining his land. He had seen defendant's cattle straying upon his field. He had seen defendant's cattle driven by one lad and occasionally by two little boys. His fields were very much trampled upon and cut up by these cattle. He considered the damaged fields the best part of his farm, it being old grazing land on limestone.
John BLAYLOCK, in employ of plaintiff, corroborated.
John Wm. HAYTON, land agent, Carlisle, read a report he had made on the damage done. He never saw good land so much damaged by stock in his life.
Mungo McMULLEN, retired farmer, Maryport, said he had seen the damaged land and agreed with what last witness had stated. He considered that there had been no attempt to drive the cattle carefully along the road.
John TWENTYMAN, farmer, Hawkrigg, Wigton, gave similar evidence.
Mr. FALCON said the whole matter was a question of spite. Mr. STRONG having failed to secure some land that he had wanted from Mr. HARRIS he tried to make it impossible for defendant to farm his land. He thought the letter,
(produced) sent by the plaintiff to the defendant practically forgave the trespass, as it stated that from that date defendant would be held responsible.
Yet the action was dated only two days after this letter. He thought he had no case to answer.
His Honour thought there was some evidence of negligence.
Defendant stated that he had occupied the fields to which he drove his cattle over this road for 32 years and had always taken reasonable precautions
to prevent them trespassing.
Cross examined he did not deny that he had done a little damage to Mr. STRONG's land.
His honour said he was very much impressed with the fair way in which he had met the case. He did not often have a farmer before him who made
admissions with as much good humour as the defendant had done, and he did not think the defendant was a man who would wilfully injure a neighbour. He gave judgment to the plaintiff for £2 without costs.