A DEAD MARE
INTERESTING LEGAL POIN TS Last year, in fciie month of Xovomber, in;ut> belonging to Messrs. Percy Bros., farmers, of To Ore Ore, Wairarapa, was, as the result of a collision with a motor oycle, lolled, on the To Ore Oro Road. Before the removal of the carcass of the animal the mail ooach from Masterton to Oastlepoint, owned hy Messrs. Fly and Young, of Masterton, came along tho road, and tho coaoli horses shiea at the body of tho. dead! animal, with the result that the. coaoli was capsized and 1 smashed, tho harness broken and one of tho horses killed. Legal proceedings wore taken by Messrs. Fly and Young against Messrs. Percy Bros, in the Masterton Supreme Court mid a verdict for £154 damagjs was obtained. .Against this . judgment -whioh' '-was given by Mr. Justice Chapman, Percy Bros, appealed, and tho hearing of the appeal came before the .First Division of the Appeal Court yesterday. Tho Bench was occupied by the Chief Justice (Sir Robert Stout), Mr. .Justioo Edwards, Mr. Justice Cooper, and Mr. Justice Sim. Mr. C. P. Skorretfc, K. 0., with him Mt. Jordan, of Masterton, appeared for the appellants, and Mr. 11. Kennedy, with him Mr. Boilings of Masterton, for tho respondents. Mr. iSkeirett, after, giving details of tho accident and contending that the carcass of the animal was removed as soon as possible, pointed out That at the time of tho accident the nwro was not in tho actual possession" of the .appellants, but was in process of being returned from a. .neighbouring farm. The real question 'involved was as to whether a person not in possession of a chattel, which, through no (fault of his, oreates a nuisance, can be held to be liable for tho conscqiiences of that) nnisanca merely becauso.ho is tlie possessor of that chattel. He contended there could be no liability for constructive possession or the right to possession. The hearing of argument in the case occupicd the whole of the diay, and at 4 p.m. the Court adjourned until 10.30 .a.m. to-day. ■
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Dominion, Volume 10, Issue 2887, 27 September 1916, Page 9
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346A DEAD MARE Dominion, Volume 10, Issue 2887, 27 September 1916, Page 9
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