Thank you for correcting the text in this article. Your corrections improve Papers Past searches for everyone. See the latest corrections.

This article contains searchable text which was automatically generated and may contain errors. Join the community and correct any errors you spot to help us improve Papers Past.

Article image
Article image
Article image
Article image
Article image
Article image

TRAINER AND HORSES.

NEWSPAPER MULCT IN DAMAQES. By Telegraph.—Press Association. Palmerston N., Last Night. At the Supreme Court yesterday afternoon, before His Honour Mr. Justice Cooper, A!ired .lames Shearsby, horse trainer, of Awapuni, claimed £250 damages for alleged libel' 'from the | Christchurch Press Co., Ltd. Mr. W. L. Fitzherbert (with him Mr. ! C. A. Loughnan) appeared for the plain- | tiff, and Mr. M. Myers, of Wellington, for defendant company. The alleged libel was said to be contained in the following from the Manawatu special correspondent to the Press: (a)" Price is certainly entitled to the highest praise for the . way he has brought his horses along. When, lie took charge they were in anything but a satisfactory condition, the best of the lot of them, Polymorphous, being perhaps the worst off." (b) "He was for some time after Price had him badly affected with rheumatism, and only repeated fomentations got him well again, —meaning - thereby that by reason 01 the unskilful treatment of the plaintiff the horse Polymorphous had contracted rheumatism, and further, that the plaintiff had failed to treat it with the usual remedies for rheumatism in horses, so that only the repeated application of hot fomentations cured him." (c) "That it may be remembered that Boanerges, who is now .in the front rank of sprinters, developed a penchant for falling. 'Price rode him himself till he arrived at a solution of that peculiarity," (d) "He (meaning the, said 'George Price) is painstaking, attentive and thoroughly conscientious in his work, qualities that count for a lot in training, as well as in other pursuits;" (e) "Whlist his success with Nyland, who is credited with a superlative temper, is regarded in some quarters as the most valuable demonstration of iPrice's abilities." The statement of the defence admitted that on May 4th, 1910, it published the words complained off, but denied that such printing and publication was malicious. The words were not published in relation to his profession as trainer, and did not refer to him. They were incapable of defamatory meaning, and were not libel. Plaintiff had suffered nothing by the publication in his business or in any other way.

ESvidence was given iby Messrs. J. M. Johnston, secretary of the Manawatu Racing Club, J. Goring Johnson, Willis (traveller for Sharland and Co.), Vincent, of Pahiatua, Geo. Price, horsetrainer, Bernard Coyle ; of Palmerston North, and plaintiff. "It is not a case for big damages," said his Honour, -'but there is distinctly defamation, and I doubt if any evidence that can be produced for defendant will change that view, except as to possible mitigation of damages. At present I should assess the damages at £5." Mr. Mvess then said that in that case, he would not call any evidence. _ ■ His Honour gave judgment for plaintiff for £5. This was not merely nominal damages but substantial damages, and his Honour indicated that the plaintiff had properly brought the action. The newspaper had published the second article, and if it had done so there would have been some reason for punishing the newspapers. The newspaper had done nothing which might be considered a wilful attempt to slander the plaintiff's character. Mr. Myers said th# Press Co. had not the slightest idea of reflecting on Mr. ■Shearsby, and their view was that they had in no wav reflected upon him. Ilis Honour said the plaintiff had done right in bringing the action, and the verdict would be an intimation to the public that Shearsby had handed the horses over in good condition, and that there was no reflection as to his ability as a trainer. He gave judgment for the' plaintiff for £5 with costs on the lowest seale. Mr Mvers submitted .that the article was in no way defamatory. They could not take separate sentences of the article. It had to be tested as a whole. 'What was the object of tliat_ article? Was it not intended as a compliment to Price?" Tt could not be disputed that the writer of the article was mistaken as to Polymorphous suffering from rheumatism or Boanerges' habit of fallin" Those mistakes of fact could not held defamatory. And it was not for a moment stated or even suggested that Polymorphous had rheumatism or Boanerges, the falling habit. His Honour said the article contrasted Prise's management of the horses with that of Bhearsbv's. not only in respect to three particular, horses but to the whole team. That was the only wav he could Tead the article.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TDN19100831.2.41

Bibliographic details
Ngā taipitopito pukapuka

Taranaki Daily News, Volume LIII, Issue 121, 31 August 1910, Page 5

Word count
Tapeke kupu
749

TRAINER AND HORSES. Taranaki Daily News, Volume LIII, Issue 121, 31 August 1910, Page 5

TRAINER AND HORSES. Taranaki Daily News, Volume LIII, Issue 121, 31 August 1910, Page 5

Help

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert