A HORSE'S TEMPER

Evening Post, Volume CXIV, Issue 124, 22 November 1932, Page 5

A HORSE'S TEMPER

RUNAWAY ON FARM

YOUTH BRINGS ACTION

'A horse was the central figure in a farm hand's action for damage! heard by the. Chief Justice (Sir Michael Myers); in the Supreme Court to; day. The question , was whether he was a restive, vicious, and dangerous horse, and much evidence was called on this point, including the; testimony of the "village blacksmith."" He'agreed with others that the ■' animal :.;had a . nature the reverse ';o? the "generally accepted sweet-tempered farm ■horse, and said that his. head.had to be held while he was being shod. The claim arose out of a wild gallop made 'by the horse on Sunday, 2nd August, 1931, as a result of which Keuben Oscar' Knight,'aged 15, was injured. Knight, suing through guardian,. Alfred Knight, butcher, of Otaki, was the plaintiff, and the defendant, with whom there was claim-v ed to be only some distant relationship, was-a farmer of-.the ..'same, name, Bupert Henry, Knight, of Te Horo. 'It was pleaded that - wnon:the'.plain- :- tiff was assisting the defendant to feed dairy cows with hay from a spring cart the horse bolted down the- paddock on the farm. The cart was overturned. Young Knight's right thigh was fractured and he suffered other injuries. Since then he had been totally disabled from working, arid his right leg was permanently, shortened. It was alleged that the horse was- timid or vicious and unfit for use as a carthorse, and that the defendant was negligent in that he knew the. animal was restive. Compensation under the Workers' Compensation Act had been paid to the amount of £65. Plaintiff now claimed sixty-five weeks' wages, totalling £165, hospital and medical expenses £ 75, and general damages £300. ; •'■" , . The accident was admitted by, the defendant in. the statement of defence. It was contended, however, that'the injuries, to Knight \v.erer due to accidental circumstances, the horse having become startled and causing the cart to overturn, through no fault or liability on the defendant's part. Mr. P. JVO'Regan appeared for the plaintiff and Mr. W. E. Leicester for the defendant. . . In opening the plaintiff's case, Mr. O'Eegan .said that after the accident the horse was sent away from the'farm, for a time. The' horse apparently had been worked hard, for he was" now thoroughly tame. "I don't know whether he has been'slimming," added Mr. O'Eegan, "but he's also become thin, but perhaps that is due to the work he has been given." The hearing of evidence, principally as to the nature of -the horse, had not concluded at the time of going to press. ";".'" r"