RESIDENT MAGISTRATES COURT CAMPBELLTOWN.

Southland Times, Issue 903, 21 February 1868, Page 3

RESIDENT MAGISTRATES COURT CAMPBELLTOWN.

(Before J. N. Watt, Esq., E.M.) MONDAY, 17th FEBRUARY, 1868. • EAEHON V. BEODBICK. The plaintiff sued the defendant for £16 10b, horse hire and injury to horse. Thomas Brodrick, defendant stated, he was oniy indebted to plaintiff for 25s horse hire. Hannah Barron, plaintiff, deposed, that on Saturday, 18th ult, the defendant, ~W. •>- Brodrick, hired a horse from me, to carry him to Invercargill and said it would he returned on Sunday ; afterwards it was " arranged that it wouldbereturned on Monday. I went to Invercargill on Monday 20th and called on Mr Brodrick and was told that the horse was hurt, and was not fit to be removed. lalso called again on the same afternoon and asked for the horse, when I was told the horse could be taken away when I liked to take it. I received a note the next day from defendant saying the horse was at the Albion stables at my risk. Ie wnt next day to Invercargill and saw defendant who stated that the horse was there if I wished it. Two or three days afterwards I was asked for my bill which I sent. W. H. Wood, deposed that he saw the defendant leave the plaintiff's house on Saturday evening, 18th ultimo ; the horse as far as lie knew was free from any injury, and when it returned he also saw it and then it was suffering from the effects of being cut about the knees. Andrew M'Q.uarrie, blacksmith, stated he had shod the horse for the last three or four years, and knew it to be a good saddle hack ; never heard any complaints of stumbling. By defendant. — Have you any interest in making that statement. Witness. — I have no interest in the horse. John Hare, merchant, stated he had rode the horse to Invercargill on a dark night .and that the horse never stumbled with him. I saw the horse at Albion stables after the accident and said I would not give £5 for him. The Magistrate stated that nothing had been proved to establish a claim for injury, and gave the law on the question. If a man so treat and manage his hired horse as any man would act to his own horse, he is not answerable for any damage the horse may receive, and as nothing to the contrary had been proven, His Worship would give judgment for defendant with £1 3s cost.