SUPREME COURT.

Press, Volume XLIX, Issue 14833, 26 November 1913, Page 5

SUPREME COURT.

CIVIL SITTINGS

Tho civil sittings of the Supreme Court were continued yesterday before Mr Justine Denniston. WHITTA v. GARDINER. The hearing of this ceso was resumed. Plaintiff claimed £500 general damages and £o3 special damages for injuries received while in the employ of detendant, by being kicked by a horse alleged to be of a mischievous disposition. The case was heard before his Honour and a jury of twelve. Mr T- W. Stringer, K.C., with him Mr Cyril Stringer, appeared for plaintiff, and Mr J. J. Dougall for defendant. The caso was opened on Monday and was adjourned till yesterday in con-iequenco of thi absence of a material wrness. William Vivian Whitta, father of the plaintiff, gavo evidence that his son was sixteen years of age in January, 1913. In October, 1912, he entered the service of Mr Gardiner, a sheep farmer at Waiau. The boy met with an accident by being kicked by a horse, and his log was injured. He underwent an operation and was laid up fo.r some time. J>rs. De Renzi and Simpson gave evidence regarding the injury and the operation, Ih\ Simpson expressing the opinion that there would be a permanent disability. j, Alfred Vivian Whitta said that he had entered Gardiner's service on October 28th, 1912, at los a week and found. On January Ist, he was sent out to catch Jumbo, a horse that was a notorious kicker, and ho asked if ho could catch a qtiieter horse. Gardiner told him to get Jumbo, if possible The horse stood quite still until he got up to it, and then lashed out with both hoofs. Ho was knocked down, and lay for fifteon minutes, after which he got tho quieter horse. He continued to ! work, although his leg was very painful. Ho nskod Mr Gardiner for a day I off, but could not get one. Dr. Todd afterwards came to ccc him, and ordered him to the Hospital. This closed tho case for the plaintiff. In reply to his Honour, Mr Stringer said tho negligence complained of was in sending a boy of plaintiff's ago to catch a horse of the disposition alleged. Mr Dougall thereupon moved for a nonsuit on the ground that thero was uo evidence of negligence. A colonial boy of sixteen was as capable of dealing with horses as a full-grown man. Mr Stringer contended that an inexperienced lad of sixteen years should not be sent out to catch a horse given to kicking. His Honour said ho would not grant a. non-suit, although he had grave doubts Ml the matter. The case was one for a jury, and even if he granted a non-suit it might still have to come before a jury. Under the circumstances it would be better for the case to go on. Mr Dougall, in opening, said that tho bulk of the evidence given by the boy would be flatly contradicted. James Gardiner, farmer, Waiau, stated that the plaintiff had not before the accident complained of the kicking propensities of the horse. When he sent the plaintiff out to catch Jumbo, Whitta did not object. Hβ brought the horse in, and told Donald Crampton that the horse had kicked him. He explained that he went up to catch the horse, which turned, and trotted away. He f ran after the- horse when it stopped suddenly, and he ran into it, and it kicked him. Whitta added that he hardly felt the kick. The boy had never applied to him to get off wo>k. Mr Dougall called three additional witnesses. Mr Striuger said that in the face of the evidence sriven for tho defence, he could not expect a verdict. Judgment was accordingly entered np for tho defendant.