Maidstone Journal and Kentish Advertiser, Tuesday 17 March 1891. (Dartford)

Question of Right of Way.

George Head, William Conekman, and Frederick Dutnall, was summoned for committing damage, by walking across a strawberry field, the property of Thomas Wood, at Eynsford, on the 19th Inst., the damages being assessed at 4s.

Mr. George Weller prosecuted.

Mr. Herbert Wood, a son of the prosecutor, P.C.'s Cordery and Sidders proved having seen the defendants go across the field, and the former deposed to the damage which was done being of more than 4s.

They as well as P.S. Barnes, and a man named Hawley, stated they had known the place for periods of from 8 to 16 years, and they had never known any footpath there, except for persons who were employed on the farm.

The contention of the defendants was that the part of the field where they crossed had been a public footpath for a period of at least 25 years.

William Howard said he was 77 years of age, and was born at Eynsford, and had lived there all his life. There had been a path commencing at the Old Toll Bar, at the bottom of Crockenhill, through Mr. May's field, out by the "Red Lion" at Swanley, and onto Puddledock. There was a defined path up to the field of Mr. Wood's, and again at the other side of the field, the defined path commenced again. He recollected when Mr. May planted potatoes in the field, and he draw a line right across, so that this portion of the field, where the path was, should not be played or planted. He had used the path hundreds of times, and had gone over it within the past 3 weeks. The stile at the commencement of Mr. Wood's field had been pulled up a few years ago.

John Parks, an old man, 74 years of age, who said he had lived at Swanley all his life, and who had known the place when it was in possession of Mr. Reeves, Mr. May, and Mr. Wood, said he had used the pub after 60-years, and till within the past 12-months.

The Chairman said the Bench dismissed the summons, on the ground that the defendants had reasonable belief that they had a right to use the path, and their jurisdiction was therefore ousted.