Bailey v. Egmont Racing Club.

Manawatu Herald, Volume III, Issue III, 21 January 1892, Page 2

Bailey v. Egmont Racing Club.

♦ This case was heard and determined in the Hawera District Court on the 15th January. The claim was for £100 damages. Mr Barton aqpeared for the plaintiff; and Mr Mtzherbert, with him Mr Caplea, for the defendant club. The statement of claim set out that plaintiff, a farmer, owner of the racehorse Daisy, was holder of a ticket ior the right to train his horse on the defendant's racecourse,- •for which he paid £1 Is. On Sunday, 18th September, plaintiff, by a competent rider, galloped his horse half round the course, when he came into violent contact with a hurdle negligently left on the course by defendants, their servants or agents, the horse being seriously injured ; and plaintiff claimed £100 for damage to horse, and for medicine and services paid for, and various entry fees paid. Defendant pleaded that there was no cause of action ; and that no breach of duty by defendant had been disclosed; and for other defences pleaded a general denial and contributory negligence in that plaintiff had been warned of hurdles being plaoed on the track, and that there was lack of skill on the part of plaintiff, or the rider of bis horse. James Bailey the plaintiff admitted that about "18 months ago I told Wallace, the caretaker, I was going to have a trial early in the morning, and he said if I was there before 5 a.m. to be sure to go round the course and see that everything was clear. I knew the hurdles were always there, but not that they were open. I knew that jumping days were Tuesday's and FridVy's and that there could be no jum\oingon Sunday morning, and also that tttere was a danger that come person might put up the hurdles without authority. Counsel having addressed the court, his Honor summed up, and the jury, after an hour's consideration, found for defendant. Judgment was accordingly given for defendant, with costs.