CHARGE OF NEGLIGENT RIDING.

Gisborne Times, Volume XLV, Issue 3989, 23 July 1915, Page 6

CHARGE OF NEGLIGENT RIDING.

LIVERY STABLE KEEPERS CLAIM £ls FOR A HORSE.

HEARING ADJOURNED FOR FURTHER EVIDENCE.

The question of the liabiltiy of a person hiring a horse for injury occurring to the animal xvas inquired into by Mr W. A. Barton, S.M., at the Magistrate’s Court yesterday morning.

J. R. Redstone and Sons (Mr Barnard) proceeded against Frank Holdler (Mr T. Alston Coleman) at the Magistrate’s Court yesterday morning to recover the sum of £ls for damages for the loss of a horse hired in January lost fit Tologa Bay. George Burton, stableman at Tologa Bay, said the defendant hired a hack from him on January 3, in order to come to Gisborne. Witness told defendant that ho did. not like to hire him a horse, as he rode too fast. Defendant said he xvas going to the front, and xvitness then let him have the horse. Th.o horse was a bay mane named! Myrtle, and a very good one. Defendant left Tologa Bay about noon.

Frederick Cantell, laborer, of Pouawa, said lie xvas living hi Wainui Roadi in January last. He saw defendant on a Sunday in January riding along the road at Wainui. When defendant had got about a chain past xvitness’ his horse stumbled! and fell. Witness went over to him, and found that the ho re had its knees split open. He asked defendant to bring the. horse to his place, and defendant did so, and bathed the horse’s legs. Defendant said he was going to Gisborne, and that it* was one of Redstone’s horses. Defendant left the horse at witness’ place, and witness told him to tell Redstone’s people that- the horse was there. No one camel for the horse, and witness xvent in and told Redstone’s people on the Monday night that the horse "'as at his place. 'The horse xvas taken, away on the Tuesday morning. Witness had not proper facilities for attending to an injured horse at his place. By Mr Coleman : Defendant xvas cantering along quietly xvlien the horse fell. The horse was( then in a fit-state to carry him to Gisborne, and did not slioxv any signs of having been overridden.

Robert Scott, commercial traveller, said that prior to January last lie used to hire horses from Redstone’s to ■ride up the Coast. He knew the mare Myrtle, and 'had frequently ridden the mare. ’ With saddle-bags, lie used to ride, about 17 stone. The mare was a good one, and he had more than once ridden her 40 miles in one day. She had never stumbled with witness. Patrick O’Brien, waggoner, of Matawai, said that in January last he was in plaintiff’s employ in Gisborne. He remembered being sent- to Can-t-el l r s place to bring in a mare. The animal was in a had way. Her knees were all cut, and she had the appearance of having been over-ridden. By Mr Coleman : Witness attended to the mare when they got her back to the .stables. Both her knees were broken.

Nolan Redstone, a member of the plaintiff firm, gave evidence respecting receiving the message from Mr Can tell to the effect that one of their horses was at his (Cantell’s) place. He sent for the horse next morning. The animal had both itskne.es broken, and he had never seen a horse with knees like it- He had the mare attended to. and they had to treat her for about a month, when she died of blood poisoning. Had they been notified on the Sunday night they would have been able to have saved her life, though she would probably have had a stiff leg. Onslow Redstone, another member of the plaintiff firm gave also evidence. He valued the mare at £'2o. _ Mr Coleman, for the defence, said the facts were not in dispute, and the case hinged upon whether tnere had been negligence or not. Defendant hired the horse at Tologa Bay, paying .£1 hire at the time. He left Tologa Bay at 10 a.m., and did not arrive at Waimii until -5 o'clock. This showed that lie Had not unduly hurried the horse. The mare tripped and fell, when about opposite the turn off to Mr Nolan’s, and injured her knees. There was no reason why she should have fallen at the time. She was not distressed, and the only explanation was that she must have tripped on a piece of metal. When the mishap occurred defendant did what he could for the horse, and when he got into town he went to Redstone’s stables and told coachman named Dean where he had left the horse. Defendant wept off by the steamer that night for Trentham, and it- was not until somQ weeks later that any claim was made in respect of the horse. Ho did not- see how the plaintiffs could succeed even on their own evidence.

His "Worship: If plaintiffs’ statement that- no notice of the injury to the 'horse was given is correct that would prove negligence. Frank Holder, the defendant, said hi" left Tologa Bay at 10 a.m. on .Ta.niiary .'5, and arrived at "Wainui between 5 and 5.30. He pave his horse a spell for about ‘2O minutes near Pakarae. He could not account for the horse falling. She just appeared to trio, "When he got into town he went to Bedstone's staides and saw l>oan, a coachdriver in plaintiff s oniplov, telling him that the horse had fallen and had cut her knees, and that he had left it with Mr Cantell at Wainui. Beam said hy would send out for the horse the next morning. Bv Mr Burnard : It- was not a fact that. Burton had previously refused to hire horses to witness, because he

rode too fast. Dean Avas the only person in the stable aalioii witness called., Mr Barnard said that the defence had taken them completely hy surprise, and he would ask for an adjournment m order that Dean might be called. ... His Worship said it was clear that plaintiffs must fail in the first had 01 their claim on Canto H’s evidence. __ Patrick O’Brien, recalled, said that he was in charge of the stables on the Sunday night. His Worship: lipw do you know. Witness : Tfc was a Sunday night. His Worship: There are a good manv Sundays in the year. His Worship then adjourned the case until August 26 in order that the evidence of Dean roip'ht- be obtained.