RACEHORSE INJURED IN COLLISION

Press, Volume LXXXII, Issue 24901, 14 June 1946, Page 3

RACEHORSE INJURED IN COLLISION

CASE BEFORE COURT OF APPEAL

(P.A.) WELLINGTON, June 13. The Court of Appeal to-day was engaged in hearing an appeal brought by Ernest James Lane, of Carterton, settier, from a judgment of the Supreme Court at Palmerston North in December last, dr dering a new trialas to the question of liability, but not as to the amount of damages awarded in an action brought by Lane against James McKerchar McDonald, of Feilding, dairy company manager, claiming •a total of £l3BO 5s 6d for damage to Lane’s racehorse Comrade, which was injured in a collision with McDonald’s motor-car in Feilding on March 29 1945. At the trial in Palmerston North in November last a jury had found the defendant negligent and awarded £875 general damages and £l3o\ss 6d special damages. At the same sitting of the Supreme Court, in an action brought by another owner, Michael Andrew Ryan, against McDonald for the loss of Ryan’s racehorse. Magic Chief, which at the time of the accident was being ridden by an apprentice jockey aged 17, who was leading the horse Comrade, the jury gave a unanimous verdict for the \ defendant, McDonald, and held that negligence had not been proved against him. The Supreme Court dismissed a motion by Ryan for a new trial, but ordered a new trial on the question of liability only in Lane’s case. Lane has now appealed against this decision and McDonald has crossappealed, contending that the Supreme Court decision should be varied by entering a non-suit or judgment in favour of the defendant. Decision was reserved.