A man has denied attacking his neighbour fracturing his cheekbone after a cow strayed onto his land in Milford.
Hugh McBride, aged 44, appeared at Letterkenny Circuit Court charged with assaulting next-door neighbour Gerard McGarvey at Golan, Milford on July 8th, 2015.
Mr McGarvey claimed that on the morning of the alleged incident, he went to retrieve a cow which had strayed onto his neighbour’s land.
However, when he went onto the lands he claimed he was attacked by McBride.
Mr McGarvey, aged 51, said that at 8.30am on the morning in question he was going to work at Milford Mart when he noticed a cow at the back of McBride’s house.
He went to take his cow out but he said McBride shouted at him not to open the gate or come onto his lands.
Mr McGarvey walked on and he said McBride began to push him but he continued to walk past him.
When he did, he said he suddenly felt a blow to the right side of his head and claimed that McBride said to him “Hit me, hit me, hit me.”
Mr McGarvey said he walked on saying “I never reacted or I did not do anything to provoke him. I just wanted to take my cow out.”
The court was told from the outset that there is a long-running dispute between the men over a right-of-way between the neighbours which has been ongoing for more than 5 years.
Dr Karena Hanley told the court that she attended to Mr McGarvey when he attended her surgery.
She said he had been a patient of hers for many years and that he was in obvious distress when he called to her clinic in Milford.
She noticed redness to his face and it was swollen and asked Mr McGarvey to return to see her on July 14th.
She then suspected he may have a fracture to his cheekbone and when she sent him to the Emergency Department of Letterkenny University Hospital it was confirmed and Mr McGarvey had to undergo an operation.
Mr McBride denies the charge.
The trial, before Judge John Aylmer, is expected to last two days.