DAMAGE for OVERWORKING A HORSE.

Patea Mail, 25 August 1881, Page 2

DAMAGE for OVERWORKING A HORSE.

Arbitrators appointed in the dispute between Mr Gillighan, farmer, and Mr M’Loughlin, contractor on the railway near Kakaramea, have made their award. The result will be severe for one party, but the case was not a common one.

Mr M’Loughlin hired a young mare from Mr Gillighan, with harness, and worked her on railway formation. The collar wore deep sores in the shoulders and back, and the mare became unfit for work, and was returned. The owner sent it for curative treatment to Mr Haase’s stable, and the animal was there seen by many persons. None of them had witnessed such sores on a horse lately in work. The police prosecuted M’Loughlin for cruelty, and a fine was inflicted. Mr Gillighan afterwards pressed for civil compensation, and the parties not agreeing to terms, they named two arbitrators, Messrs W. Cowern and J.*Gibson. The award was arrived at last week, but a fee of four guineas for arbitrators’ expenses was payable by either party who first lifted the deed, and he could recover half from the other. Each party held back, but at length one paid the fee and “ lifted ” the. deed. It awards compensation and expenses as follow ; Damage to mare by reduced value £lO ; the witnesses agreeing that her previous value was £3O to £BS, the owner assess • ing her at £4O, and that her value when cured would be £2O to £25. Also cost of curative treatment, as per bill to date, £l9; farther costs until fit for work, about a month hence, £2. .M’Loughlin also to pay all legal costs of witnesses and of arbitration deed, amounting to £8 Os 2d. The total expense included in this award is £3B 15s 2d, and the whole is payable by Mr M’Loughlin. The owner of the mare is in this position, that he receives the animal in a restored condition, but less in value by £XO; and tbe expense of curing would have to be paid, besides all other expenses. It appeared the animal had been offered to Mr M’Loughlin for £4O in settlement of all claims, but he refused to settle in that way. He now has to pay over £3B, and does not get the mare. We are told tbe witnesses on both sides agreed that they: had never seen such a sore as that on the back of this animal.