CLAIM FOR A COW.

Taranaki Daily News, 22 January 1919, Page 7

CLAIM FOR A COW.

.PLAINTIFF NON-SUITED,' A case was heard in the Magistrate's Court yesterday, before Mr A. Crooke, S.M., in which Robert Henry Jones and Sarah Margaret Jones, farmers, Tataraimaka, for whom Mr F E Wilson (instructed by Mr Geo Grey) appear" ■' claimed from Henry Luckin (Mr H. R. Billing) tha sum of £2O as damages for tho loss of a cow the death of which was said to have been caused by the trespass of defendant's bull on the property of plaintiff Evidence was given by Dennis Longley, who managed pjlaintiff's farm, that or. Wednesday, October 9, 1918, while lie was at the farm of a neighbor (Mr Wm McCarthy) he saw two bulls chasing one of plaintiff's cows inside their paddock. The foremost bull he recognised as belonging to defendant. On going over to investigate he found another cow lying dead in a small gully, having had its neck broken This cow was some quarter of a mile away from where he saw the bulls. She was a high-grade Holstein cow, and at the time was due to calve in a few days, being in calf to the best pedigree Holstein bull in t'le Dominion She was in excel - 1 lent condition prior to that He could not see the cow that was found dead at , the time he saw the bulls chasing the other cow The cow had been bought in August or September for £l2 10s. That was a cheap purchase Being a bettergrade cow than the average, and in calf to a pedigree bull, her value would ! be much enhanced There was a l'our- ' wire fence between plaintiff's and Luukin's properties. He was not aware that there was a road between the two properties He was quite sure that there was no other disturbing element

amongst plaintiff's cattle at the time • than defendant's bull. Wm McCarthy also gave evidence as to the value of the cow and as to its condition when lie saw it the day after it was said to have beer, killed. At that time it appeared to Jiave been dead about twelve hours, though it might have been dead much longer | On the plaintiff's case closing, Mr. Billing moved for a non-suit on the ground that plaintiff had brought no evidence to prove that the death of the cow was caused by defendant's bull. The 'Magistrate upheld Mr. Billing's point and a non-suit was entered. Costs i amounting to £-1 32a wir" eliowed