DISTRICT COURT,-CLYDE.

Dunstan Times, Issue 561, 17 January 1873, Page 3

DISTRICT COURT,-CLYDE.

Monday, Jan, 13., 1873. - —o— . (Before Wilspn Grey, Esq., Judge.) * Campbell v. Holmes!—Ou the application of Mr. P J. Wilson, this case was put down on the bottom of tne list. Mace v. Cotton.—Plaintiff stated (hat he found hirovelf hi an,awkward position. Mr. W. W. Wilson, the s licitor whom he had '." retained to conduct his case, was not present, nor were several witnesses whom he had duly subpoenaed. He would therefore apply for an adjournment. Iff. F. J. Wilson, plaintiffs’ counsel, said he was instructed to oppose a further ad. journment. Through no fault of his clients the c se was adjQurned from the last sitting of the Court. His Honor said, to give ah opportunity for the attendance" of witnesses'’ho wonld adjourn the case until 12 o’clack. In Banßruptcy. Be Joseph Harding, of Cromwell, hotel- ’ keeper.—Mr. F. J. Wilson, on behalf of the bankrupt, applied for a fimiEorder and discharge. Mr. G. Fache. agent for the Provincial Trustee submitted his; reportOrder granted. , ’ _ Mace y. Gutter apd another.—Damages 149/,, caused by a .heifer the property of defendants. The plaintiff repeated his application f-T an adjournment; but this was objected to by defendants’ counsel. Eventually the plaintiff consented to go on without counsel, and to leave the case in his Honor’s hands. By his Honor: Am acquainted a little with the law on the case and am aware that a man is not icsionsible for damages done by an animal his property, provided he is not awa-e that it is dangerous. .'olm Mace, sworn, deposed : I am a carrier. and plaintiff in this suit. On Monday, tiie 24th of June, 1872, I was drivi ig rny team—a waggon and six horses -from tire Cardrona to P. mbroke. On the road saw Gtprge Ballantine and and Thomas Wilson, servants of the defendants, driving a mob of fat cattle. When within about one hun'tired yards of them they cut but from the mob a white cow,- and drovoit np to a heifer that was lying on the road,foundered. When I got within a few yards of them (Wilson and Ballantine) they sang out : Keep off ! They might rush yon ! They are wild and dangerous !” . I pulled off the road, and passed them without injury. On Tuesday, Wednesday, and Thursday, the 25th, 26th, and 2Jth, passed the heifer. On Friday, the 23th, I again passed her ; • but, when just ablest of her, she got up. and ran for about twenty yards after the team, when she stopped. Ou Saturday, the 29th, about half a mile from the spot where I had previously seen. th,e. heifer, I again saw her, coming,towards, the, team as fast as.she could get along. The loading horses became (lightened, stopped, and spread themselves; as tar as the check rents would allow. The* heifer rolled in beawcen them. The horscS hare here trecdlue furious,' 4 turn, d sharp round, and ran towards the back of the waggon, throwing one of the sbaftera down 1 and doubling the other up. I was sitting ou the driving chair the w hole of the time. David Henderson, who was with me, caught the leaders by the head till I got down. 1 then straightened the horses out, when I saw one o' the shatters had his leg broken and the other was d sabled. One pair of the shafts were also broken, and the waggon generally injured. (Shortly after the accVient, T. Cotter, one of the defendants, in company with two men, nargod D. Taggart and George Balluutyne arrived. Cotter remarked, it was a bad job, and passed on. During the tame evening, I again saw Cotter at his house, and told him he had bettor kill the biast. Ho said all ririxt. I said this is a fine thing you have dono for me by leaving the heifer on the road ; he replied it is only a bit of a calf an I could n it run. I said it ..had managed to run about 200/. out p{ my pocket. On Tuesday, the 25th, I had the horse with the broken leg killed. On the 3rd July, I handed Cotter a letter, offering to settle the matter by a said I might do, my hist. 1 estimate my damage at 149/. 10s.—that is, value of d horse killed, 60/. ; damage to another horse 15/. j repairing waggon, 51. 10s. ; loss of time, 24/. . . David Anderson, said, —I was in company with the plaintiff on Saturday, the 29th, when the he for charged the horses. On the 24th, I was with plainriff, an i saw defendants’ servants driving a mob of cattle ; they left two behin 1, a cow apd calf. I-heard them sing out wdien passing the waggnn, to look out, as the cow would rush. On Tuesday, -the 23th, I saw the cow running after a Chinaman, the plaintiff cracked his whip, .and the cow ran away, (the balance of his evidence, which was given in a straight-forward manner, was corroharative of the plaintiffs) Thoa. Wilson, sworn, deposed remember Jhns 24th. On that day was in’ the employment of defendants, and was driving in company with Geo Ballantir'e a mob of cattle. I left a cow and calf on the road, they being knocked up, and wonld not drive I saw the wagon of plaintiff just when 1 left them. When passing the waggon, I *ang out take care, or they might rush you The balance of the cattle I took home. On the road mot the defendant T." Cotter, we told him that a calf had got knocked up, And that we had left it arid its mother behind.- Mr Cotter said leave it for two or three days, and let it liave a spell. .1 told defendant either to shoot it or drive Jt away from the road as it was dangerous The calf had -rushed me - twice the same day. ! ’ ■' Crom examined. Were taking the rattle to Cardrona from Lake. Hawea. The dij.” tsrioeis 75 milt*, ' If took two days going the diitairioe. , " ! . 4 ' j' D- Taggart, swora, depoeed on 29th June . bet was riding down ttw Cardrooa on4k "'■i ht~- *• ’■ ■ t

-and overtook defendant T. Cotter, we rode -in cejnpany till we- came to Mace’s waggr n When about 200 yards from the waggon T. Colter pointed out-the calf to me. 1 said I wouldjro and see if it wpuld drive. 1 found it to he dangerous and impossible to drive, iu fact it was quite mad. I caw that one of the horses had got its leg broken. 1 then passed on. Gross examined. I dorrt think pla-ntiff from the nature of the ground, could have got his team away from the calf when it rushed him. 1 cannot t-piak of the value of the horse.—This closed the case lor the plaintiff. The Court was then adjourned till Tuesday morning, at 9 20 a. m. Tuesday, January 14th, 1873. Mace. V. Cotter and another, Mr. F. J. Wilson solicitor for defendants in opening, the case reviewed the whole of »he evidence. He said by permisionof His Honor Mr G. P. Barton, of Queenstown, who had been consulted with on tbe case, would after the defendant’s case was closed address the Be "ch for the defence. Timothy Cotter, sworn, said, am one o the defendants. On Monday, the 24th of Imre last, I met Wilson and Ballantyne driving a mob of cattle towards the Car•drpna, they sai I that a calf had knocked op, and they had left it and a cow behind. Ballantyne said it w ; as cramped in the hind quarters. I understood'it would' recover in a few days. I never heard it said that I liad better shoot it or get out of the read. When I first saw the calf it was sitting on its haunches, about 70 or 81) yards from PlaintitTs waggon. It looked timid, nothing further. I saw Taguart ride up to it, win n it made towards him. Was not told that it .had rushed Wilson. Was not aware of its dangerous propensities. After I saw it did uot consid r it dangerous. Felix Fox, sworn, said, Am a miner le siding at t 'anlrona. Went from Cardrona to Plaintiff’s waggon at the request of Mr. X. Cotter, on,the Tuesday after the accident Witness Anderson was alone with the waggon. Went down to sea the calf, and the amount of damage done. Asked Anderson how it had occurred, he stated' that the calf i ushed the horses and bellowed,' at the same time the homes turned to the back of tbe waggon, and got into confusion, that when they were straitened out oi c horse bad his leg broken, and am ther was injured. Do not icmcmbcr Andeistin say- • i g that the Plaint'ff could have driven on one side away fn m the calf. T. Cotter, recalled, said, 30/. is tire va’ue of the horse killed, did not think that the other had received any injury. Mr. G, B. Barton in argument for the defence,cited at some lenghtha number of cases bearing on this particular one, from Bulien an I Leake, an I Addison on Wr mgs, showing that a man must be aware of the evil propensities of an animal before ho can be made responsible for any damage it .may do, and asl-beiUfandantwas ndtjuvaro of-the vices of this he cannot be hold responsible... §■«». i- ... ,« The Plaintiff, who defended'his own cise, argued tliafc tbe hots-' of the servant were that of the master, and" as the evil propi nsiiies of the calf were known to the servant, the master should have bem made ac. quainted with it, however, the evidence went to prove that the Defendant knew that the calf was left behind, knocked up through oyer driving, and he being a practical man in the knowledge of cattle, must have known it was dangerous. He would leave the case in the hands of the Judge. His Honor after a few remarks on the law of tbe case, gave judgment for the Plaintiff for 70/., and costs amounting to IS/. 2s. 6d. Wednesday, January 15. | Anthony Ferguson, a debtor, on his own petition applied for an order of adjudication The order was granted, and the first meeting of creditors fixed for Friday, January 24, at II a m. at the Clyde-Court house. Mr. F. J, Wilson made an ex park application under the Mining Companies Act 1872, for an Order to wfad up the A 1 a Quartz Mining Company Eeaistered. His Honor after hearing the petition, suggested several amendments in the matter of particulars, ami adjourned the Court till the fallowin'.’ day,rat (i p;hi. Thursday, Jan. 16, at 5 p-m. Mr. F. J. Wilson received his app’ication far v ». winding up order. Order granted and Friday Fch, 7th, appointed for the meeting of audito-s.