SERVICE FEE FOR BULL

Hawke's Bay Herald-Tribune, Issue 75, 15 April 1937, Page 7

SERVICE FEE FOR BULL

Joseph Hannah't Case PLAINTIFF N0NSUITED The plaintiff, Joseph Hannah, a dairy-farm manager, of Waimarama, was nonsuited in the Hastings Court yesterday with costs amounting to 7/6 entered against him, when he claimed the sum of £1 10/6, representing service fees for the use of two bulls, from Gavin Gordon Allen, also of Waimarama. Claims under three separat© services were entered, but these were flnally reduced to a single claim, and on this the Magistrate, Mr. J. Miller, entered a nonsuit. Hannah conducted his own case, while defendant was represented by Mr T. Green. Hannah stated that on three occasions defendant had obtained service from two bulls on the property which plaintiff managed for Mrs, A. M. August. The first two occasions concerned a bull belonging to Mr. Lucky Gillies, which was on the property, and the third case concerned a purebred Jersey bull, in which he owned 55 per cent. of the share. For this share he had paid Mrs. August the sum of one shilling. After argument it was decided to witkdraw the complaints .regarding the first bull, but to proceed with the case involving the second animal. Hannah alleged that defendant drove a cow down the road and into a paddock on Mrs. August 's property where the bull was. The gate into the field Was open. Plaintiff alleged that defendant deliberately drove the cow into tlie paddock. "I drove the cow ofl? the bull at the risk of my life," stated Hannah. "I waited until he drove the cow in before I tried to stop him," plaintiff said. "So yott laid a trap for him?" asked Mr. Green. "Partly," admitted Hannah. Evidence in support of Hannah was given by another witness, who saw the incident. At this stage Mr. Green suggested that a nonsuit should be entered, but the Magistrate held that, on the evidence, there was a case to answer. The defendant, Gavin Gordon Allen, gave evidence that he was driving the cow past the paddock up the road to put it to a bull belonging to Lucky Gillies. He was about a chain behind the cow, which *went into the paddock to the bull on Mrs., August 's property. He was unable to stop the cow. The cow was not served by the bull, but was subsequently served by the bull which he had arranged to use. The Magistrate, in nonsuiting plaintiff, said that it was not established that defendant acted intentionally. He allowed costs amounting to 7/6 against Hannah.