JUDGMENT FOR THE CLUB.

Feilding Star, Volume XVIII, Issue 258, 6 May 1897, Page 2

JUDGMENT FOR THE CLUB.

(Per Press Association.) Christohurcii, May 4. At the Magistrate's Court this morning, Mr Beetham, S.M., gave judgment in the case of Matthew Livingstone, v. Andrew Innes Rattray and others. This was an action in which the plaintiff sought to recover .£2OO for assault. The plaintiff is a bookmaker, and he entered a horse for the New Brighton races on December 16tb, 1896. On acceptance of his nomination be received three passes one for his trainer, one for his jockey, and one issued at bis own request for the use of Derrett's stables. This pass he considered himself justified in using for himself, though he was repeatedly told, in answer to hii enquiries that be as a bookmaker would not be allowed on the Bourse, and that if he remained there it would be at his own risk. He was ultimately expelled from the course by the police at the instance of Rattray. It was urged for the plaintiff that as he had been allowed to enter bis horse he was thereby entitled to be on the course to look after bis interests, and that at any rate he should have been allowed sufficient time in which to remove his horse before being expelled. Mr Beetham was of opinion : — (1) That plaintiff had used the pass, which be know it was nover intended he should use, one which was issued at his own request for some other person, and tbat he was at all times aware that ho would not he allowed on the course ; (2) that ho bad ample time in which to remove bis horse if he bad wished to do so between the time when he was requested to leavej the course by Detective Spry and the time when he was expelled by the police, and (3) tbat the plaintiff was never assaulted at all. Judgment of Courts was for defendants with costs.