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Decisions of the Superior Courts of New South Wales, 1788-1899

Cox v. Robertson [1840] NSWSupC 63

squatting run, trespass, Namoi river

Supreme Court of New South Wales

Stephen J., 21 October 1840

Source: Sydney Herald, 22 October 1840[1]

COX v. ROBERTSON - This was an action brought to recover compensation for a trespass committed beyond the boundary in the year 1837, by the defendant forcibly taking possession of the plaintiff's run at the Namoi, by driving his sheep on the said run, where the plaintiff had previously placed about six hundred and fifty head of cattle, which the sheep drove off, whereby it was alleged the plaintiff had suffered a loss of one hundred and seventy head of cattle.

            In putting the case to the Jury his Honor left it to them to find, 1st, whether the plaintiff had been possessed of an exclusive right of run; secondly, whether it had been trespassed on; and thirdly, if so, to find what damage had been sustained; but instructed them not to give damages for any cattle strayed, as no evidence had been given of such being the case, at the same time if the plaintiff had been damaged in any other way, such as by the cattle being rushed off by the sheep, or the grass and other herbage being eaten off, they would give him such damages as would compensate him for his loss, provided they found that he had been exclusively possessed of the run at the time of the trespass.  The Jury retired about fifteen minutes and returned a verdict for the plaintiff, damages £200.  Counsel for the plaintiff Messrs. Foster & Windeyer; attorney, Mr. Norton.  Counsel for the defendant, Messrs a'Beckett and Broadhurst; attorney Mr. Rodd.

Notes

[1]          See also Australian, 22 October 1840.

 

Published by the Division of Law, Macquarie University