SUPREME COURT

Dominion, Volume 10, Issue 3152, 2 August 1917, Page 11

SUPREME COURT

CLAIM FOR DAMAGES

A MASTERTON CASE

Tlie> Chief Justice (Sir Robert Stout) and His Honour Mr.; Justice Chapman yesterday heard argument on nonsuit points raised in a Jtnsterton ease. 'I'ho action wis 0110 in ivJiich Co!istanco Mary Millar, of Masterton, claimed from .Tolrn O'Dowd, farmer, tho sum of JBISOO damages in respect of; her husband's doat'h. It was tried at Masterton before Mr. Justice Chapman and a common jury, which failed to ngrco upon tho issues submitted to it. Tho plaintiff was represented by Mr. A. Gray, K.C., and Mr. D. E, Hojtgard, and tho defendant by Mr. C. P. Skerrott, K.C. . Mr. Skorrett, referring to tho ovidenco heard at Masterton, described the accident that gave riso to the action. Defendant's son,' a lad of about 17,.wis on, last Labour Day in charge of two horses,' which belonged to hie father. He drovo tlieso horses up a right-ofway leading to a paddock. He was accosted by a friond, and remained for a short time. talking to tho latter with his hack to tho right-. of-way. The horses suddenly rusned out of the right-of-way. A.motorcyclist riding north in tho direction of Masterton was struck by one of the horses, and thrown in front of a motor-car going south. The cyclist (plaintiff's husband) was dragged for a considerable distance and killed. Mr. Skerrott submitted in, support of' his application for. a nonsuit' that, wlyjle the evidence' ' showed that -defendant's son was also his.employee, he was at the time of the accident not in charge of the,horses in the ordinary course of liis employment or for the benefit of the master. Defendants daughter had borrowed tho horses for herself and her brother to go' and see the Labour procession in Masterton. Counsel submitted further points also, but specially argued the above. The Court reserved, its judgment. ,