3-077-651 - The Print Collector/Heritage Images

Obstruction on the River Mole, near Esher, 1890. 'In May last the Hon. H. B. Bourke of Esher placed an obstruction across the river Mole, which flows between property that he owns on each bank. This obstruction was forced by Mr. Davis of Hersham, and proceedings were taken against him at the County Bench at Kingston, but the plaintiff, [Bourke], not appearing, the case was dismissed. Further action was taken against Davis, and an interim injunction was applied for "to restrain him from damaging the boom and trespassing on the water." This injunction was not granted; but the case came before Mr. Justice Kay, and his decision was against Davis; the Judge stating that, in his opinion, the public had no right to boat on the river, inasmuch as there is no place of public access. Notice of appeal was given, and...Bourke applied for a deposit of £200 to cover costs, as the defendant Davis was an undischarged bankrupt: the application was granted...We express no opinion concerning the rights in dispute, but give an Illustration of the river, with the actual obstruction to boating'. From "Illustrated London News", 1890.