MAGISTRATE'S COURT.

Taranaki Daily News, Volume LVII, Issue 7, 27 May 1914, Page 2

MAGISTRATE'S COURT.

CONCERNING A BULL. A bull which was being used with working bullocks and which one man stated was an imported Shorthorn animal of considerable value, while another retorted that it was a weakling and unfit for stud or working purposes, formed the subject of somewhat protracted proceedings in the Magistrate's Court at New Plymouth yestorday. , Edwin George, of Omata, farmer (Mr. C. H. Weston) eued John Magee (Mr. C. E. Stead) for £35 I4s fid for hire of bullocks, and the return of the hull in question. Mr. Weston, in opening the case, stated that on November 24, 1913, the plaintiff lent the defendant, who was a contractor, Bix bullocks and a dray, and on December 10 he lent him six ouore. On December 20 he got two back, and on February 27, 1914, nine more were returned, leaving one more to be accounted for. Defendant said that he i did not know where the other bullock : was but would look for it. He had i been written to three times for the bullock, but made no reply. The arrangement under which the animals were lent was that payment should be' -made for every day the bullocks were actually used, and so defendant was the only person who reckoned up the account. Plaintiff therefore had to sue for his money. On the day of the hearing the defendant had paid in £25 Is tOd an account of the hire, which was accepted, hut £l9 was now claimed as ' ! the value of the bull not returned. He contended that it was for the defend- { ant ito prove that the bull, if lost, was not lost through his nieglij? iiice. He called the plaintiff, who stated that the bull was an imported Short- J horn bull, good for stud purposes, but so quiet that it could be used as a working bullock. Mr. Stead, in outlining the defence, said that defendant had used every en- ; dcavor to find the bull. It was a weakling, and its condition was such that this reason alone might account for its disappearance by death. • Defendant in hi.s evidence supported these contentions. Ho had never been able to work the bull for more than three days continuously. He had made every search, and so had his men, but not until three weeks after it was first missed, and the animal could not be found. He had taken every care of it while he had it. Another witness stated that the bull was only worth about £t. The bullocks, he said, had once got through Magee's fence and boon impounded, but the fence was immediately mended.

His Worship reserved his decision to look into the law on the question of negligence and the duties of the custodian of a chattel.