THE WRONG HORSE

Rotorua Morning Post, Volume 2, Issue 329, 16 September 1932, Page 5

THE WRONG HORSE

(Press Assn.-

SHOT BY MISTAKE OWNERS OF LOVING CUP BRING ACTION FOR DAMAGES NEGLIGENCE ALLEGED

— By Teleg'-ajih — Copyright^

Auckland, Thursday. The circumstances in which the hurdler. Loving Cup was destroyed, allegedly in mistake for the seriously injured Glen Maree were described in the Supreme Court to-day during the hearing of a claim for damages by the owners of Loving Cup. The incident occurred on June 8 of last year. \ Loving Cup, after running second in the Orakei Hurdles on the third day of the Auckland Racing Club's winter meeting, was taken to the stables at Ellerslie. At the same stables were other horses, including Glen, Maree, which had broken down so badly that it was to be destroyed. After the race meeting, it was subsequently discovered that Loving Cup had been shot and taken away and Glen Maree spared. The owners of Loving Cup, Mr. Mervyn Wells and Mr. James Taylor, of Cambridge, farmers; claimed £700

damages from Norman Austin, of Te Papapa, boiling down works proprietor, alleging that it was on account of negligence, or the negligence of his agent, that Loving Cup was killed. Defendant denied negligence, and made counter allegations that plaintiff had given misleading directions, and had been negligent in not having someone present to identify the horse. "Gross Negligence" Counsel for plaintiff said that defendant had been instructed by Mr. Wells to destroy Glen Maree, but through negligence destroyed Loving Cup instead. Austin sent his son to destroy Glen Marco. He went to a paddcck in which were five horses,"including Nukutere, Glen Maree and Loving Cup. The amazing feature was that the young man, making no inquiries, selected Loving Cup from these five horses, and destroyed him. Merely to state the fact was to show gross negligence. The condition of Glen Maree at this time was that it could only hop about on three legs with greatest pain and difficulty ,and it would have been a cruelty to keep it alive. Loving Cup was a beautiful horse by Quin Abbey out of Shellshock, and fivo years old. Quin Abbey was the sire of some of the finest crosscountry horses in New Zealand. As to damages, counsel said the value of a race horse must always be a matter of opinion, but 18 months earlier, Mr. Taylor bought a half share in Loving Cup for £200. The horse had won £720 in a very brief racing career, and experts would value him at over £700. He was a young horse and his performances had been excellent, showing great evidence of stamina and courage. Plaintiff, Mervyn Wells, gave lengthy evidence. Horse's Record Referring to Loving Cup's record, witness agreed that in 1928, the first season, he had 11 starts, no wins and five placings. In the next season he had fivo starts, no wins and one placing, and in the third season 21 starts and no wins. The horse had started 37 Hilles and won twice. The case was adiourned.