S.M. COURT.

Taranaki Daily News, Volume XXXXV, Issue 188, 11 August 1903, Page 4

S.M. COURT.

—— ~T kIoNDAT, lOih August.—Before Mr R. L. Stanford, S.M. AN IMEBESTING CiSE. Newton King v. W. A. Ryan and 3o„ of Auckland; c'aim £4O. The :laira *et out tbsA on March 26tb, 1903, a mo'ur cir belonging to the defendant company through being negligently snd unskilfully maragtd by the _Company's servant, was forced aiiaiiisi t horse beiocgicg to tho *i!ai«tifl, tbi' horse being terion-ly injured.* Mr Qri!H>m (Govett and Quilliam) npprai'6'.l for the plaintiff, and Mf Grey (Wilson act! Grey), instructed iy Uesket'ii and Richmond; of Autklaud, for the rteftndftL-t Coror.any. Mr Qmlliam opened the cafe and cat led, Frank Ernest Obeli, who stated o\\ the day in wards the br'dge when h.< saw two motor cars tome on the bricg ■ frcm town. The ntotois were tiaveliiog at a fast puce. Ha took bold of the horse. Ha was on tho side of «h* road. Bayly's car, which was in the middle of the road, passed him, an<3 itmade hia horse swerve in towards the metil cf the road. The second motor vas some little distacce b.hied, and was on tho rk'ht cf ihe road; that is the right cf the driver of the motor. Eekept his horto, wbkh was on the proper side of the road, facing the machine, which ran into him. The horee reared and plunged over the machine when it was struck. The car severed a muscle in the ho.se's foreleg, damaged one of the hocks, and also irflicted other injuries. The occupants of the second car must have seen that be was in diffibuitus with his horse, but they did not reduce their speed nor steer to the left. A man and a boy were in the car and the latter was driving. Be understood that Mcßae was the agent for Ryan and 00., and that the boy was driving him round. Witness then gave details of the horse's injuries. The main ligament-in the foreleg was severed, and he stitched it up with silk and bandaged it. The horse had done nothing since. The horse cost £3l 10s soma 18 months ago, and was then broke to saddle but not harness. The horse was given as by Jersey from a Governor mare, and was quiet. He considered the value of the horse at from £SO to £55. If the horse was worked again he would be unsafe. Asked as to a conference at which Mr Mcßae was present. Mr Grey held thit the conference was without prejudice, and he objected to any questions being asked. Mr Quiiliam stated he was instructed to cross-examine witnesses on the conference. •After discussion it was decided to eall Mr Meßae to hear his version. William Mcßae, in rrply to the S.M, said he was an engineer, representing Ryan and Co. He remembered having a cori'rence with Mr Kiog after the accident. MrOibllmde the appointment. He tod Mr King that tha conference must be wiihoat pn-judice, and the roply was " Alr'ght; and I orly want to talk tho mattei over to see about a settlement." His Worship ruled that the conference was of a confidential nature. F. E. 0. bell continued his evidence Ha had considerable knowledge ti horses from a boy, and had been Inspector of Sock for many years. He could not hive ihs collision. By Mr Grey: The motor c*r was going at a r»te of abou'i 25 mil?« arj hour. He wore spurs, but ustd them lightly. He had no time to get out of the way of the second car. He was certain the second car was on the wrong side of tho l oai The horse was slightly

touched in the wind, but no:hicg t affect him or his va!u». By Hb Worship : He could not ge off the road in tims to avoid the s?com car. Alexind»r Reid Young, Governmen Vet., gave evidence that he biw a horsi which was shown h;m. He describci t.ha injury to the foreleg, and said tba tha horee was completely ruined for tht purpose of sale. A horse like him socd and sound, would cost betweei £lO and .£SO. By Mr Grey : He loaked at tht photo of the motor ear (produced), anc considered that a horse could sustaii injuries from the axle or rim of wheel Thomas Mabay, a firmer, stated hi was driving into town on a date whei he mst Orbell. Two motor cars passe J him just after he crossed the bridge ind one nearly collided with him. Th( ears were going very fast, and it lookec like a race between them. By Mr Grey: When he got on th< bridge the two motor cars pulkd up 01 the other side of the bridge, but whei hs cleared tha bridge the cars started jff again without giving him time t( piss, and one blew a whistle and nearlj threw h ; s trap into the other motor He had the cars utder obaerva' i n for tbout three chaias before he passed thun. John Seirle stated he faw two cart puss Fitzroy, cne diiven by Mr Biyly; .hey were going at a go:>d pace. The metal way was narrow along the road iver the bridge. This was the evidence for plaintiff. Mr Grey, in opening for the defence 'rated the pain's in which a mas'ier if iab'e for the actions of his servants <nd stated on this defence he intended so mainly reply, that is, that the mastei «as not respsnsible on this occasion fie alao intended to rely on otho> points of fact. He called, Emerald Tighe, a youth employed by Ryan and Co., < f Auckland. On Marcii •26 h he was driving a car out of New Plymouth. He brought the car to Ne« Plymou'h for Ryan azsd 00. It was an Oidsmobile 4-horsa power engine, iriven by oil, and its highest epeei jbtainable was 20 miles an hour. J!cviis under Mr Mcßle's iristrujsion in New Plymouth. On March 26th ht ief" New Plymou'h in Bayly's car, and stent as far a3 tin o h?r side of tin Henui bridge. B.iyly had a an v. <■! the other car to ihe fame pLc\ Ht explained the use of tha "sft . which itcivased the speed, but kM this the maximum speed was only 2( miles. After they exchanged motors it the Henui Mr Rollo went with wit •\ess. The speeder wire of the ergint a?as broken, and this decreased tht speed to about 12 mi'eP. 'ih?re was n( irrangement between Bayly and hiiU' lelf to r«ce. Bayly's car could run uf to 25 miles an hour. B.iyly went abeac by the length of the Waiwakaihc bridge. He saw a horseman earning towards them, and when Bayly's cai passed the horse fhied over to the grass >n the side of the road. He pulled his ear out of gear so th ,t he could stop ii necessary by applying the brake. Witness was on his ltft side cf the road, and Orbsll was on Lis left side. Ho let the car run nt a speed of about lC miles. The horse then came over tosards witness, who slowed the car down. The horse was pulled over parallel to the car, and the hone reared,

I |w|M U.UUJHIIW.HI T Wi f ne;s put his motor into gear, as he j j was afraid ho would be struck by the ) i hot se. j Tho Court here adjournsd till 2.15 ! p.m. 5 On the Oc-urt resuming at 2 o'clock ] Tighe continued h's ovid.nce, atd w«s cross-examine i at state length by Mr Qailliam. He contended thit every care was shown by nim and speed reduced, but that Mr Or bell' forced his horse on the machine and thus brought about the accident.

John E ;110, engineer, of the firm of Okey and Roilo' gave evidence which corroborated that given by, the last witness. Considered every care was shown by Tighe, and that the acrident was caused by Mr Orbell pressing his horse too close to the machine, This caused it to re ir, and in its plunges came in contact with the machine. The speed of the machine had been reduced, so that there was no danger. Did not consider there was any difficulty in Orbell pissing had he not insisted in pressing his horse close to the machine. Williom Sudfeldt, settler, living opposite the epjt where the accident occurred, said he saw it all. Considered the cars were going slowly and that the accident was caused by Orbell forcing his hoi se on to the machine. To Mr Quilliam: Witness was sure the cars were not going more than four to five miles an hour, and considered Orbell could have got out of the way. William Mcßas, representing Kyan and Company, said the machine a3 she was on the 26th March could not have gone more than 12 miles an hour. Had large experience with motor cars. Had travelled 3000 miles with them in ftew Zealand, Tighe was a very careful and skillful driver. Produced a plan showing that the road was levtl, and the metal 21 feet 6 ini'he wide at the place where the accident occurred. On the side Orbell was there wis a grass slops of five fuet 6 inches, and level grass. 13 fe .t, so that there wap, in his opinion, p'enty of room for Orbell to have goi ous of the road on the day in question. Mr Bayly was given charge of the c;ir, and witness expected him to return is. Tighe had no authority to drive it thai day. There was no race, and as Mr Bayly's machina cjuld go 25 miles an hour, tbo idea was absurd. W, P. J, Bell, one of the proprietors of Ryan and Company, gave evidence that Tighe was 'ihe best and most careful atad experienced driver out of 25 employees of the fi m. Mr Grey addressed the Court at some length, quoting cases to support his contention. At 4 o'clock the Court adjourned till Wednesday, when Mr Quilliam will reply.