Fielding R.M. Court.D

Feilding Star, Volume III, Issue 96, 26 April 1883, Page 2

Fielding R.M. Court.D

' (Before B. Ward, Esq., E^J f . ' ' t i Wednesday, Aran '26.' •' ' V i,i ■■>■■> Lewers v. Shearon. — Judgment nun*; :< mons for £17 14s lid., , _:_.-: V.m...:. No appearance of either party. '-.'' '■■' utu To be paid forthwith, . or .in default 18 > , days' imprisonment. ..;. . ... - > .-'.. E; J. Cottrell v. Edward .T-Jmen*. 1 -- >'< Claim for £3 ss, balance bt payment "for yhorse, saddle ahd bridle. ' - i: ; V' - -'■ Judgment for plarathf with eosito.i ; j' r, f i! 7 W. Haybittle r T. Go.iddn.—C^-n.toi'., 1 ' 11 '^ £3 17s 8d for goods sold and delivered. . ' >t /1 - .Judgment for plaintiff with costs. „ Murphy v< C. Boe— Mr Prior. appeared, * i for plaintiff and Mr Perkins for defend?-, ; . ; 7iant. This was an action for damage* lorji* \ not taking proper care of a horse.placed; nia in. the custody of defendant, and loss of theus.eof.the same ,fofc 18 dajau ";, pmouht cl-iifced was' v £o 16s" mcludirig" J " expenses. .-.,./.>. ; iM T.'r-UL-) "• J. J. Murphy deposed: -Was hotel . proprietor! -it „ Woodville j. $ i iai ' Esjjte? £ Monday he left two horses in the care of s - Mr Roe, and oh his return tlie; 's'aiilfe'ilj ll H ' :i saw one of them only in ' a paddbtft W-. ! {J i* ' longing to . defendant ; asked where' T .tJ.iß. : ' other horse was, as he wanted them both; j ( defendant's groom could give , n<> proj>sr ■ ( „.„ account of them, and he then asked .^cj ■ defendant about the horse, but he; didl't „;,>> seem to know anything abeut it j at; last.;.) defendant found him ; anather> horse to put into his bug^jr to.drire home^idefen-) v > I ' dapt refased-toreceire _my paymeut nat-fr ° — he fouad plaintiffs* horse ;'ii«ebiied a telegram from defendant' on the 10th to say the mare was -found ; _ie Tejuiedwith ' i instructions to send her liome; gdfJ^ttV '"'" >6ther telegram" W say instre'' must 'w \-\ [fetched or the delivery would bfe charged; " sen. for the mare and returned detem- , dsntsh^rse; she. camp bae^ in a very, „,. Ipbdr condition." , • ; „,- ...-• c .,u;k v fir.. \. Cross-examined ; ; Know ..the, ,grob_a r -;; 7 ;- ----fend have seen him on several wc&wnq . a. kt Palnierstoh and [Woodville j did> motii /-. lee the paddock beforehejjavethiahbrsef m{«:« in charge, or he Would have ordered tiifoii^ !J'< V to be: put in the stable as thepaddock was not secure; the mark is ;^iVwto jumping fences; hut n6t if ,'over ,3ft. lip „ ._, height; the groptti d_d not say the mare if ,had better he' put in 1 the' stably as, she "7. might " f ump" from the paddock; ii 'iooji '". ',-'.. proper care. of defendant's, horse , whil^ jj>U ' ' > his > possession, and did aot; allow *9J _ r : .. other person to uae him. „. tt ..' i} -. ;; _.- a .;> Tie-examined: Mrs Boe told him she i saw theslip-panels orsome part of the V>' fence down, aod the horses going I'ont;'-:-1 'ont;'-:-- 4^' William HullJ residing at Woodville, deposed- s Bode with plaintiff to Feifding on Easfef^'ilonday j 'heardplaiiitiirk M"'/ f "' ' struction^. about the, horse ; .noticed tifl „,...-. slip-panels did not, look very^ secure ; heard plaintiff' tell defendant thehbrsea L were in the paddock, and the latter said it was all right. -" : ;(Th6'jjs_t of l&Vyrifc l ? ness's evidence was chiefly (iwrrpbe^tiy.e)^;.,:.,"., Cross-examined : — Don't remember hearing anything said, about the mare's ■j .n J ;;..'■•:;:; j' :;••.._.■, Y.iYiAVi! _

W-MHHMHI MM!!!. I,. 11,1 !■■__- ViVr,^ -~^- winwiwiyi'M Jumping propensities ; the paddock cculd be clearly seen from the hotel yard. Tro closed the .evidence for the plaintiff. .'''"'/ d Charles Roe, defendant, deposed : Am proprieL&^-'the' Denbigh Hotel, "Fend"-' ing ; on the day in question plaintiff brought hW -horses and jmt them' under the care of the groom. j.jtold plaintiff if he liked to take the responsibility ho •could leave the horses- in-the paddock ; "the fences were. , perfectly secure. ; there were otn_i^h6rse ? s id the 'paddock, Uufc no others escapqd^-. tb ere. is oho. slip-panel, but a gate secured by a chain ; the gate *t>pens into, tlm<ynrd.;nndihwe. r is ,nd' «.tber'' ■entrance ; none of the owners of the 40 ►or 50 horses expressed-TrrryTJomplaint; I ad-ertised. the los,s o.the mare and paid . £1 for recovery ; wlreii 1 found', liad her put into the; stable properly fed and taken care l)f ; my .own horse came back f corn plaintiff; in very .bad condition ; the grti^m wasTsbber when he took' charge | of the horses. .. -. . <p iy y j John Nearj* deposed Was acting as groom on, the occasion referred. to. Plaintiff broHi^r-Miira- '.lie 'two hOrs'fe arid told' Uiim he had better.lbdfc a<ilei'!lho mare or she might jump out; -showed him the paddqcJk ( ( andj,he said; she/ would; be all right" ''fhpre;. cxariiined 'the fences the might' 'Wfor'e', : an_ . 'they'-.'w^re.peyfeptly ■secui^''; W^tm. Ware' well tiil delivered to plal»l_ff.;';de-!feriSaiir;'s horyp'•.w'aW'injurf^f»r»nii baidii work,' .rom •'whicli-' it has uot yjQt;ippoveied.: ; ''<■■ •i-.-.^ • -'•;•'• Cross-exam med : Had-to_ride a horse ;at thgjraqesi&yd ljeFf...a : man,- pained Smith' in charge oTlhe paddock a^id .stables, but was notkwSji^ng. 1 '' While me htare was •beinjPSfttbigd she" had jumped 'over the half-door, which no other horse- 'to' his' had ever doner Robert r _L^?hiii i deposed V' r JJound '■ -the ' Snare <pn>£_r? riv«r. b^djafc -.Awahuri; had ?grea6 ti^bjL^fiL. poltin^her into A; stock yard, fronr which : 'she. i^p^ped put} the, *ails were nearly 8 feet high, and none of them were broken.; n6;7ord,iuary. f fence would seeureplaintiff s hla'rei as shewould jump anything; she had" knocked down , the tdp^raito-'thefeiice.-' ' '* '"'" : ' '." "" James Lain'g proved the security of -defeadaiif 6 and the.extr'aordin.- ;- _try jAm^hg'T^dpehlijt^VpJ jplairit'iff's mare. .-. )i.m.-J >- Cross-examined: Said from his experience it was qßi^lpo's^/bl'e for .the ( maj ; e to :get over such a fence as. that, describedt byM¥pma ,l:y,ia - i ' iV " ';'■' "'• ■ ' Ch inks • Roe, ! 'j'6 n ioi 1 , 1 cbrroborat e'd' defendantVft^idefcce '■ ag ito : ihfe ''fee'cuHly ' of the paddock, &c, and could jwt' account for the escape of tbe .mare, unless she jumped tji^teniqe, or [gate. .... ; ,f. •. .1 This'plQsVd tbe.^cisft for |;he defendant. Thfe 1 Counsel 'on bolli -sides' liaviiig ad.-, dressM'tffe Cd_r.; case w4S an : -fe¥eH. stingy and ;i iihpbrtsint on., and was purely a question of law. The defendant was not bound, more than the • ordinary^ means'6f-secur-ity, and not to take the responsibility of securing a horse of such" extraordinary jumping tendencies. He gave judgment tor d^eddaitiwith' -costs.'- - ■"'■'•''■ ' The Court then adjourned.