Resident Magistrate's Court, Foxton.

Manawatu Herald, Volume III, Issue III, 5 February 1891, Page 2

Resident Magistrate's Court, Foxton.

: _♦ WEDNESDAY, 4th FEBBUARY. (Before H. W. Brabant Esq, R.M.) CIVIL CASES. C. Honore v. R. Hecker — Claim ! £2 4s 9d. No appearance of defend- | ant. Judgment for amount claimed, and costs 7s. J. E. Nathan & Co v. W. h. Law--1 reuce — Claim £4 5s 7d. No appear - 1 ance of defendant. Judgment for amount, and costs 6s. C. Honore v. R. Erwick— Claim £2 15s sd. No appearance of de- ' fendant. Judgment for amount , claimed, and costs 6s. \ J. Harris v. W. Spring— Claim £1 I 8s 6d. Mr Ray for plaintiff. No 1 appearance of defendant. Judgment for amount claimed, and costs 6s. • Bradcock & Gay v. W. Spring — Adjourned on application of plaintiff to 4th March. y > John Harris v. H. Redfern— Claim £2 6s Id. Mr Ray for plaintiff. No , appearance of defendant. Judgment ; for amount, and costs 6s. f A. Langley v. J. Birchley — Ad- > journed to 4th March on application \ of plaintiff. t J. Nathan & Co v. Thomas Fraser i — Claim £3 8s 7d. No appearance ' of defendant. Judgment for amount, 1 and costs 9s. 1 J. Nathan & Co v R. Man3on— Claim £0 2s Bd. No appearance of defendant. Judgment for amount, and costs 12s, To be paid £1 in 8 i days, balance by instalments of 10s r per week. J. Nathan & Co v. W. Spring— ', Claim £1 11s Qd. No appearance . of defendant, Judgment for amount, ,' and costs 6s. f J. Nathan & Co v, A. Allan— \ Claim £2 Is 3d, Judgment for [ amount, and costs 6s, i Robert Austin v. H. Eedfern — l Claim £2 ss, for tow supplied. No appearance of defendant. Mr Ray : for plaintiff, Judgment for amount, ; and costs 7s. I J. Walsh v G. Moss— Claim £4 f 18s 9d for meat supplied. J. Walsh gave evidence. The defendant handed in numerous > documents for the magistrates - perusal; they were, a copy of the summons, numerous old accounts renl dered, and a letter stating that Walsh r would continue sending meat whilst he was ill, and he could pay when | liked, and it did not matter much if not at all. He had also enclosed a I piece of wedding cake ; also other 3 notes from Creditors' Association t threatening a summons.. E The R.M, mentioned that now the 3 summons had come and wanted to > know what defence did he wish to 1 set up. ' Defendant admitted having had j the meat about six years ago, he had ; had the meat and eaten it ; he did '■ not think plaintiff a man at all. The R.M. said there was another i way of looking at the question, the plaintiff had apparently been man enough to let him have the meat [ when he wa-3 ill. ; Judgment for amount claimed 1 and costs 10s. J . Nathan &Co vW. Walbutton— Claim £2 8s Bd. C. E. Short gave evidence. W. Walbutton deposed that the account was incorrect, and handed in an account rsceived from Mr Samuels for £1 7s sd, he admitted owing this amount. Plaintiff agreed to take judgement 1 for £1 7s 5d and costs 6s. THE BUGGY CASE. H. Bradcock v. Thomas Steele — I Claim £21 ss. Mr Cook for plaintiff, Mr Hankins for defendant. Plaintiff sued for repairs to buggy, £15, repairs to harnesss, 15s, cxi penses of bringing buggy to Foxton i 10s, injuries to horse £2,' one month's , loss of buggy £8. Total- £21 ss. > Henry Bradcock,. being sworn, dei posed — On the 26th December Mr

Ste-eid hired a buggy ; I seiit it rduiid to tile notise j I got back from Palmerston at half-past eight; horse came with part of harness hanging on him, part was lost on the road ; I washed horse's leg, he had one or two very bad cuts ; we cannot get the horse near the river now; it has taken £5 oft' his value ; I went round to see Mr Steele, but he Was not at honle ; the defendant When hiring the buggy did not say where he wanted to take it ; next morning I went to the scene of accident ; I noticed the marks of buggy wheels nearly off a culvert ; the road is very bad, a road through a swamp; there are roots and flax bushes on the track ; it k not a proper place for a buggy to go; I found buggy in the river, smashed; two days after I sent a dray for it ; the buggy cannot be properly mended in Foxton ; the accident occurred on Thursday, and I saw Mr Steele on the Monday ; he told me the buggy was in the river, and he meant to leave it alone ; the harness cost 7s to mend ; it cost 10s for bringing the buggy down ; Ihave not used buggy since ; it is worth £2 a week ; it is the best single harness horse I have got ; I bought it from Mr T. Wilson, with a verbal guarantee ; I kept the horse to let out ; Mr Steele had him twelve months ago ; the road runs alongside of the river all the way ; the people went about 6 miles away ; the accident happened ■il miles away from town. By Mr Hankins — I think some one was present when Mr Steele asked me for the buggy in the hotel ; he asked if he could have the old grey he had before ; I left orders at the stable ; I have hired the horse to Walsh ; I lent the horse to Co-opera-tive Butchering Company last July, and they have had it ever since ; they paid 10s a week for about four months; they are working the horse for nothing now ; I bought the horse from Mr Wilson, of Carnarvon Estate ; I was told he was a good horse and I gave £18 on Mr Wilson's word without seeing him ; he guaranteed him as a staunch quiet horse ; several mill owners are carting flax on this road ; I bought the buggy from Coley 18 months ago for £25 ; I consulted Ahem aboutthe buggy ; I know of no other occasion of this horse committing any damage. Re-examined — There has been no attempt to form this road. C. Burke deposed — I was employed by Bradcock on 26th December, and took the grey horse, Sam, to Mr Steele's ; Mr Steele asked me for a whip, and I told him the horse did did not want one : I told him I would fetch a whip, but he did not wait ;.I have driven the horse several times ; he is very free and easy ; the road is one of the worst about Foxton. By Mr Hankins— The horse goes free and easy ; I forgot to put a whip in the buggy ; I drove to the door and stayed about five minutes ; I have been several times with Mr Bradcock, for 4 or 5 months ; the road is away down to the diagonal drain. Fredrick Robinson deposed— =l have seen the buggy since it was broken ; I went with Bradoook the next morning ; the road is a bit rough ; nothing has been done to it ; the accident occurred on the best part of the road ; part of the buggy was on the road) and part in the river ; I told Bradcook it would cost £7 ov £8 to get it repaired ; we met Mrs Steele and .her son near the scene of the accident ; there was a bridge, the tracks on which looked as though a buggy had nearly gone over. By Mr Hankins — The road has been used for years. R.M. — Mr Bradcock drove his dog cart up the road. John Ahem deposed — I inspected the buggy last week ; it was laying in the yard ; my estimate of the damage is £12 ; it could be done here ; I have driven the horse once, he was right enough that time at any rate ; I think he is a fine quiet horse. By Mr Hankins — Only Bradcock was with me when I saw the buggy ; he told me that there was a case he was going to Court with ; I have no list here and I cannot tell how the items are made up. John Whyte deposed — I know Sam ; I have driven him 2 or 8 times ; the last time 8 months ago ; I have seen him working in the butcher's cart ; the horse is very quiet, it was the day I drove it. John Russell deposed — I know Sam ; I have driven him once last year ; I found the horse as good as you could find him to drive ; he was perfectly quiet ; I cannot say what time of the year it was. John Walsh deposed — I have driven Sam aboutS^months ; he has always gone quiet ; I have driven him in a buggy before and after the accident ;heis a good staunch horse and perfectly quiet ; I drove him to Palmerston. By Mr Hankins — he hired the horse for 8 months ; we used him afterwards to keep him in fettle. R.M.— I do not know the road where the accident occurred ; I have driven him to the seabeach, which is a bad road ; on bad roads generally he goes quiet ; is not difficult ] to keep him going too free. ' J. R, Stansell deposed— l know Sam ; I have driven him 4 or 5 times ; my wife and daughter have also driven him ; he was one of the horses I have driven ; I have driven

him to the bedell* . . Mr Hankins— lt might be 4 months ago since I drove him. R.M.— The horse is perfectly quiet on a bad road ; we should have to go slowly. Sam Howan deposed— l found the horse perfectly quiet over bad roads. W. Hunter deposed— l know Sam ; I have only driven him once; it would be over four months ago. Mary Walsh deposed— l have driven Sam, about a fortnight before Christmas ; two other ladies were in the buggy ; he was very quiet. Mr Cook stated this was the plaintiffs case. Mr Hankins said that what had to be determined was what -the horse had done on that particular occasion ; the defence will be that on this 28th December Mr Steele saw the plaintiff, about having, a buggy, that he wanted a thoroughly quiet horse. The horse was driven and reached the end of its journey, arid on return the horse was put in, led a little way, when he commenced to plunge. The ladies were frightened, when Mr Wilson drove it a short way to quieten it, when the horse reared and plunged and Mr Wilson got out to hold it, when it backed andwent into the river. < :••"■ Thomas Steele deposed — A day or two before the 26th December I . saw Bradcock re hiring a buggy ; I. asked for a thoroughly quiet horse ;i asked him if he was sure that the animal did not want any driving; he said he was ; lam positive I asked for no particular horse ; on 26th the horse was brought round by the groom ; we drove to Wirokino ferry and then turned up the river bank; we went to m«et some one there ; the horse went quietly ; the horse was taken out and tethered ; got there about 2 • o'clock ; about seven in the eveningwe tried to. return home ; directly the horse was piit.into : the. buggy-£4ed : •■- --him about 1^ chains from a. clutiip of - trees ; he . threw . -his hjea& up and down directly I led him; he -' was very restless ; the ladies, got inland then I got up, and then my ■■■• wife, the horse jumped up and ' swerved round; he would not start; ".''-' two of the ladies got out at the ba«k:, and then my wife got out ; the horae then again reared up and then others-" called to me to get out. Miss Milly Gower and Harry Thynnecametb the horse's head ; Mr Wilson then said he would try, got in an started him towards home ; the horse played up with him ; I saw him rear twice ; he got him away a quarter of a mile ; he tried to drive back towards us ; the horse then started jibbing, Mr Wilson then leapt out of 'the buggy with the reins in his hands an&wGfir " to the horse's head ; the horse we^pt over the bank into theniver-; the horse was got out, ■'•'•■ Cross?examined — 'The road 'was made by wheel tracks ; Mi 1 Wilson tied the horse up at the edge of the bush to a tree ; I past him 3 or 4 times ; I did not see any moaquitos \ Mr Wilson harnessed the horse up { 1 held the horse, waiting for the ladies about 5 minutes, I went to, see Bradcock the following morning to the accident ; I am. sure it was the horses fault, It has turned, out that this road was dangerous for me to go : I had the horse twelve months ago, had no trouble, he wag then a bag of bones, . Thomas ' Wilson deposed—* ( have some knowledge of horses and have been on stations 85 years ; Bkm was owned by tha . Carnarvon estate; I Bold' him to Bradcook about 3 years ago ; I could not say ho^ar ' old he was ; I knew the horse for 3 years ; he had been diiven on the . estate ; I have been in the brake when he was driven ; he was not quiet to start in harness ; he would not stand for people to get into the trap, he would rear and plunge and back ; On the 26 December we met at a picnic on the diagonal; Mr Stee'e ' arrived between , 2 and 8 o'olock and left about 7;. other horses were tied- up; I assisted to put ' horse in the trap on return ; my attention to Steele 5 s trap was attracted by hearing, ladies screaming ; when I got to the trap I jumped in and asked them to let me sea what I could do ; he started, reared and made a short bolt ; I got him ahead, and then pulled up, he then made a bolt and I puled him up again ; then he reared and plunged and made another bolt; when I pulled him up again, the people were a long way behind ; he then became uncontrolable and I jumped out an 1 the horse backed over the bank ; I sold Bradcock the horse and to the best of my recollection he was informed of the horse being restive ; ■: the place where we went is part of the Moutoa estate ; the road is safe as long as you keep on it. Cross examination— My horse got a little restive when we started ; It could not have taken long for the ladies to get in ; whan the horse was sold he was not driven regularly ; I never drove him myself ; lam not sure how the horse was tied up ; I will not swear that I did not say that if the people had got in quick there would have been no accident. R.M. — The|horselwasproperly harnessed ; I took him out of the harness when he was down. Mr Cook put in some correspondence. Mr Hankins said that there was no negligence proved to give ground for this action ; As to the road he submitted, that it was not to be contended that the road was no good as the plaintiff had the following morning driven a trap over the same road ; the road was not the cause of the accident, but the restiveness of the animal;', he would ask if there was any evidence that the road was not fit to drive on? It is cited that where. the accidem'is ~->- a mere accident no action will lie ; a livery stable keeper's duty is to find a horse reasonably fit for the purpose it* required ; there was no evidence that toe horse became restive because it was tied up. Mr Cook replied, during which he said — The evidence was not to the effect that the road was a dangerous one, and the defendant took the horae dawn it at hia O\ra risk. •>• The R.M, said that aa to the law of. tho oase It appears, that where a ohaltel U i hired the hirer warrants it At tor the mir> pose it m hired; the person .who hiretU bound to returned it properly cared tot,

excepting accidents; the plaintiff would have been intitled to recover if it had been shoWrl that lie had taken it on a dailgerous road or managed it badly, or if he had asked for that particular horse ; the plaintiff says that defendant asked for the same old grey horse, but the defendant said he wanted a thoroughly quiet horse, and asked if plaintiff was sure the horse was quiet ; the court cannot hold that defendant did ask for the particular grey horse ; as to the road the plaintiff says he wou'd lat defendant have his horse for this road, but if |he meant anything, he must have meant this particular horse, as he drove over the ground the very next day ; It does not appear that the accident happened through driving fast ; Mr Wilson showed ttha the horse had bolted and that he hud been ableltoistop it, so that the road had nothing to-do with it ; the accident appeared to have' arisen from no fault of defendant but from the restivoness of the horse ; as far an the- evidence go a s defendant appears to have acted in a careful mnnivr ; the court finds that the defendant Is not Habit? for this case, Mr Hankius intimated that no cost.* would be asked for.