MOTOR AND HORSE.

Rangitikei Advocate and Manawatu Argus, Volume XXXIII, Issue 9150, 20 May 1908, Page 5

MOTOR AND HORSE.

VERDICT FOR MR STRANG,

The case in which Thomas Stuart, contractor, Awahnri, claimed £63 damages from*'John H. P.|Strang, of Palmerston, the value of a horse killed through defendant’s car coming into collision with it was concluded before Mr A. D. Thomson, S.M., yesterday. A counter claim had been lodged for £27 13s 6d as compensation for damage to ’defendant’s car through the alleged negligence of plaintiff in allowing his horses to roam at large on the public road. Mr Harden appeared for planitiff and Mr Cooper for defendant. Mr Cooper, forphe defence pleaded Section 85 of the Stock Act, 1893, which provides that no person shall drive stock along a public road between the hours of six in the evening and six in the morning. J, H. P. Strang deposed that he lit his lamps at Bulls. It would take half an hour to get from Bulls to Awahuri. It was very dark when he got to Awahuri. He was onty going ten miles an *hour and was not in the iiabit of driving fast at night. He had four powerful lights burning, which should have shown up an object like a grey horse fully one hundred yards away. Usually he could pull the car up standing within a few yards, but on this occasion the roads were very greasy. He saw some horses on the bank on bis right. Witness had throttled the car down on reaching the hill, and directly ho saw the horse he applied the brake. The horse was coming across the road, and in trying to pull away he struck the bank. Another six inches and he would have missed the horse. The car overturned, and witness assisted the ladies, who were mixed up inside the hood. None of the lamps were put out. The front axle was bent. The mudguard was only twisted where it hit the horse. If the car had been going at the pace suggested by plaintiff’s witnesses it would have torn the horse’s hind leg off, and thrown the occupants right out of the car ’after the fashion of Mr McKelvie’s accident. When asked if the horse was damaged Smith distinctly said no. Witness lost the use of the car for three weeks.'l Cross-examined ; He had been driving for about four months. The steering gear on his car was very sensitive. The horse was about six car lengths away. He didn’t think an expert driver could fpossibly pull up onphat road in the distance. His Worship said lie was satisfied it was a pure accident, and ,Mr Spang was in no way to blame. Mr Cooper then withdrew the counter claim, and judgment was given for defendnat with costs"£3 3s.