FEILDING COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXIII, Issue 9123, 16 April 1908, Page 4

FEILDING COURT.

(Before Mr Thomson, SM.) *• T. J. Benge y. John Stobie, claim £SO, value of a horse lost from defendant’s paddock. Mr Ougley for the plaintiff and Mr Graham for the defendant. Plaintiff, having purchased a thoroughbred two year old mare at £BS placed it in the charge of E. Gladstone, proprietor of the Carbine stables, Feilding, the owner paying 14s a week. The animal became strangles and the services of Mr Sommerville were obtained to treat it. At this time, August of 1900. Gladstone sold the stables to Stobie, and according to the evidence of Gladstone also took over the care of Benge’s mare, at the same charge for its keep. Subsequently Sommerville put the mare in the charge of Mr Walker, asking him to pasture it and ride it. Mr Walker did attempt to ride it bat the animal was so ill after travelling about a mile, lie (MrWalker) bad to abandon his intended journey on it. and here turned the animal to Stobie’s stable, where it was put in a loose box it had previously occupied. In December 1906. the horse was taken from the horse box, and put in the defendant’s paddock, where the fences, not being in good order it got out and was never found. In the case for plaintiff it was contended that the defendant had been careless in placing the horse in an insecure paddock, and he had not as he should have done, made any effort to find the animal. ■ For defendant it was asserted that he had never accepted the care of the mare in the first instance, it having been put in a loose box rented to Sommerville ;’and in support of this contention it was proved by the defendant’s books that Sommerville had been charged both for the use of the loose box and had been billed for the feed supplied; that the horse was taken to Mr Walker’s place without consulting him, and that when it was lost it was Sommerville who advertised for it at the request of Benge, Stobie feeling no responsibility in the matter. And the fact that about 18 monhs had elapsed from the time the horse was lost until a claim was made upon him, indicated the doubt of the plaintiff himself, as to the justice of the claim. Judgment was given for defendant with £2 10s solicitor’s fee, and £3 5s witnesses expenses.