WRONG HORSE SHOT

Hokitika Guardian, 17 September 1932, Page 5

WRONG HORSE SHOT

HEARING OF CASE OWNER’S CLAIM FOn DAMAGES (Per Press Association — Copyright.) AUCKLAND, September 15. The jireumstances in -which the hurdler Loving Cup was destroyed allegedly in mistake for the seriouslyinjured hunter, Glen Maree, were described in the Supreme Court during the hearing of a claim lor damages by the owners of Loving Cup. The incident occurred on Jun e 8 of last year. Loving Cup, after running second in the Orakei Hurdles on the third of 'trie Auckland Racing Club’s winter meeting, was taken to; its stables at UHersHe. At the same stables there .'.were other horses, including Glen Maree, 'which broke down so badly that it was to be destroyed. After the race meeting ) it discovered that LoviDg ;Cup had beer shot and taken >away, and that Glen Maree had been spared. The owners of Loving Cup, Mervyn Wills and James Taylor, of Cambridge, farmers, claimed £7OO damages from Norman Austin, of T e Papapa, boiling down works proprietor, alleging that it was on account of his negligence, or the negligence of his agent, that Loving Cur WwS killed, The defendant denied all negligence, and ho made counter allegations that the plaintiffs had given misleading directions, and had been negligent in not having some one present to identify the horse.

The case was before Mr Justice Herd man.

Counsel for plaintiffs said the defendant had been instructed by Wells to destroy Glen Maree, but, .through megfigence, he destroyed . Loving Cup instead. Austin sent his son to destroy Glen Maree, and h e went out to the paddock .in which there were five horses, including Nukutere, Glen ■Maree and Loving Cup. An amazing feature was that the young man, making no inquiry, selected from the?e five horses Loving Cup .and destroyed; him. Merely to state the fact was to show the grossest negligence. The con-, dition of Glen Maree at this time was that it could only get about on three legs, with the greatest pain and difficulty, and it would have been cruelty to keep it alive. Loving Cup was a beautifully-bred hors© by Quin Abbey out of iSlhell Shock,, five years old. Quin Abbey wtaA the sir 6 of some 1 of the finest, cross-oountr’y horses in New Zealand.

As to damages, counsel ,said that the value, of a racehorse must always be a of opinion, but eighteen months earlier Taylor had bought half a share in Loving Cup for £2OO. The horse had won £720 in a very brief racing career, and experts. would ivi>",ue Jhim .at over £7OO, He was ft young Jior&e, and Ibis performances had been excellent, showing great evidence of stamina and courage,

The plaintiff, Mervyn Wills, gave lengthy evidence. Referring to Loving Cup’s record, witness agreed that in 1928-29, his first season, he had eleven starts, no wins, and five places, In the next season he had flv e starts, no wins and one placing and in the third season 21 starts and no wins.

“So that this horse (had started 37 times and won twice P” asked counsel. “I do not know,’’ said .witness. “I thing that is about right. In re-examination, witness explained that the much early racing of the horse did not tend to allow it a long racing career.

Several witnesses for the plaintiffs stated that Loving Cup was not suffering any injury. The witnesses valued the hors© at £750. 1 For the defendant witnesses said the horse had an open wound, and was walking as though sore. The hearing was finished late tonight, and decision was reserved.