NO DAMAGES FOR BOOMERDAY’S OWNER

Sun (Auckland), Volume I, Issue 163, 30 September 1927, Page 12

NO DAMAGES FOR BOOMERDAY’S OWNER

VERDICT FOR TAKAPUNA J.C. THE claim by William Henry Wackrow for £I,OOO against the Takapuna Jockey Club, for an injury to the racehorse Boomerday, was lost in the Supreme Court yesterday. The plaintiff’s claim was that Boomerday was struck in the eye by a piece of wood from a stake placed on the course during the races at Takapuna on December 1. The defence Was that the club could not be held responsible, and that the horse could have been scratched if the owner was not satisfied with the state of the track. In giving judgment for the defendant club with costs, Mr. Justice Stringer said he* agreed that there was an implied contract on the part of defendant to provide a course that in the circumstances was reasonably fit for the purpose of racing. There was a contract between the owner of the horse and the club and there was also a contract with the public. The rules of racing expressly provided that the meeting should not be postponed except under compelling circumstances. He could not see what more efficient steps could have been taken than were taken by the club to meet the emergency. It would be absurd to say the club did not do all that was reasonable to meet the exigencies of the case. In his opinion, no liability, had been shown on the part of the club.