ACTION FOR TRESPASS.

Taranaki Daily News, 10 February 1920, Page 6

ACTION FOR TRESPASS.

A HUNT CLUB INCIDENT--CLAIM FOR £7O DAMAGES. ADJOURNED FOR SETTLEMENT. In the Magistrate's Court at New Plymonth yesterday, before Mr. T. A. 13. Bailey, S.M., a claim was made by James L Hamilton, fanner, Brixton, against Edward Mason, veterinary surgeon, Sentry Hill, in respect to damage caused to his property by reason of defendant trespassing thereon. Mr. Ronald' H. Quillian appeared for plaintiff, and Mr. H. R. Billing (with him Mr. T. P. Anderson) represented defendant.

The case, as stated for plaintiff, arose out of the action of some members of the North Taranaki Hunt Club in hunting across his property on July 31st last. Several members of the Hunt, it was alleged, followed the hounds into plaintiff's property, and in consequence his cattle were frightened, and rushed through the fences, which were broken, and the cattle were considerably damaged thereby. The amount of the claim totalled £7O.

James Leiper Hamilton, farmer, Waitara Road', deposed that on July 31 the hounds got into his place and caused a commotion amongst his cattle. Several of them rushed through a wire fence and were torn about considerably. Four of them were badly damaged. He saw a man in a ved coat riding across his property. He identified Mm Mason as the rider in question. Three huntsmen were over his property and one witness turned back. There would be over a dozen hounds. The fences were in good repair prior to that occasion, but afterwards they were all slack and the wires right down in some places. Witness was also concerned as to whether the cattle from Mr- RoWe's adjoining farm would be turned into his place, as they were galloping about in their paddock, the fences between the two places being broken by-a huntsman who went over it. The following day witness communicated with the Hunt Club and two young fellows came out to try and mend the fences; but were not able to do much good. Some time !a f er Mr. Pepperell came out for the Club. He was very abusive, and told witness the hounds had never been on his place and that he (witness) would find himself up against it "when he struck JTalcomhe and Co." Witness ursrc'il Mr. Pepperell to get the fence mended, and the next day someone came out and fixed up the fence. The day after the hunt the damaged cows showed peculiar symptoms, and on the Sunday night one of them ("Wild Cherry") gave birth to a dead calf. She was not due to calf before the end of August or the beginning of September. The other two cows. "Dolly" and "Jessie" were due to calve about the same time as the other one, but they all gave birth to dead calves in thz same week. They required great attention for several weeks afterwards. The milk supply for the thr»c cows was very much below their return for the prcvir.ns season, and the loss to wiinr-ss in that alone would represent ••over £lO per cow*. Tha rattle could onlv behold as stores, and, being small, were not much use for that purpose.

NON-SUIT ASKED FOR

To Mr. Billing: When he. bought his herd about 21 years ago they cost him about £l4 or £IS per cow. Witness first saw the hounds and the huntsmen coming across McMillan's property. It was the noise of the. hounds that first startled witness' cattle. After they had crossed his property and gone on to Mr. Rowe's witness w en t across Rowe's towards the huntsmen, who made off when they saw him approaching. Questioned as to the loss incurred through the damage to the cows, witness said he had not brought in Teturns of milk for the past two seasons to allow a comparison to be made. He would not have given permission to the Club to hunt over his property if they had sought it. George A. Nichols, farmpr, Waitara Road, deposed to the condition of plaintiff's cows subsequent to the date on which the Hunt was alleged to have gone through his property. Hugh Purdie, farmer, Waitara Road, said he had a valuable pedigree Jersey herd. He frequently grazed them in paddocks adjoining those in which plaintiff ran live stock. He would certainly not put the cattle there if there was any suspicion of contagious abortion in Mr. Hamilton's herd. Replying to Mr. Billing witness said be had only had two cows calve before their time in the seven years he had been there, and one of those was on the Sunday after the Hunt had been through that way. He did not knowthat they had been on his property, but the cattle had fieen racing about, and he had had to repair fences in consequence. George Colson, farmer, FitWoy, deposed to having inspected plaintiff's stock, and valued the three cows' in question at about £7. They were only sMfre cows now. ' Mr. Billing moved for a non-suit on the ground, firstly, that there was no evidence that the slipping of calves was caused by the Hunt Club's action; secondly, that it might have been caused bv abortion or some other cause; and thirdl", that if the cows were frightened, they were frightened and made to gallop about bv the sound of the hounds on the adjoining property, and if any damage resulted, it was caused before the hounds came on to plaintiff's property. His Worship said he could not uphold the non-suit point. CASE FOR THE DEFENCE. Mr. Anderson said the defence would be that what trespass there had been was purely accidental; that what damage had been caused to fences had been repaired; and that if there were any damage to cattle it was too remote to be attributed to the effect of the trespass, and that no huntsman was near the cows. George Mitchell, farmer, Mangorei, said he, had followed the houndß in North Canterbury for seypral years. He did not think hounds would chase, cattle. He drove his own cattle with dogs right up to the time of calving. It wonld he hard to say what damage would result if cows were frightened by dogs and went through or over fences. He believed there was some contagious abortion in the district, though he had had none in his own herd. Thomas Luxton, farmer, deposed to having been farming until recently in the Waitara Road district for many , years. The Hunt on the day in question ! was held on his farm. He was a mem--1 bu si jtta Club. &od b*4 «bv/k. Jawwn

such a claim as the present against the Club. The farmers arc usually "good sports." The intention on the day in f|uestion was not to go in the direction of Hamilton's, as his farm was prohibited country. He thought about live members went on to his farm. They only traversed a small section of the back portion of the farm. Very few of the farmers moved stock now when they knew the Hunt was cominc through then property. Jle_testified to the prevalence of abortion in the Waitara district, and said when lie lived on the farm now occupied by plaintiff he had several cows with abortion. In reply to Mr. Qiiilliam he said it was twenty year:- or more since he had occupied the far;.- now belli by plaintiff. He could not. see any cows on Hamilton's properly, though he saw some young stock.

Robert Henry Pepperell, livery stable keeper, Waitara, deposed that'he had been a member of the Hunt Club for a number of years. He described the course of the Hunt on the day in question. He was positive there'were no cows in Hamilton's paddock at the time. There were three or four yearlings. He remembered some trouble' about damaged fences on Mr. Hamilton's property. Ho spoke to Luxtnn about it, as it was usual for the man who gave Hie Hunt to repair fences and charge it up to the Club. Witness sent someone up to repair the fence, but plaintiff would not allow them to do the work. He then got a letter asking him to go and see' Hamilton, as there was some other damage complained of beyond that to the fences. He went to Hamilton's, but plaintiff would hardly talk to him Witness had a look at the fence and' thought a few posts and wires would make a good job of it. He also had a look a 4 one of the cows that Hamilton called his attention to, but all that was tin? matter with this one was that she was going to ealvc, and she appeared to be right up to her time. The only damage spoken of was to one cow

DENIAL OF ABUSE. To Mr. Quilliam: He denied that ho had been abusive to Mr. Hamilton, and said when he interviewed him the Hunt Club was never mentioned; neither were Halcombe and Co." _ Defendant deposed to being huntsman ior the Hunt Club for the' past throe years. In July 3 l st last, after leaviimLuxton's farm where tlje Hunt was held, they went on to McMillan's farm and then through into Hamilton's place' He did his best to get the hounds off but he got bogged in a creek, and in the meantime the hounds went in cry and witness sent the whip after them to try and round them up and brin" them back. He saw a few head of cat°tle, but did not know whether thev were Hamilton's or if thev were on his farm. Ilia hounds never worried cattle and he never saw them frighten any cattle on the day in question. Ho denied that the hounds frightened Hamiltons cattle, and to say thev aborted as a result of such a fright," was "absolute rot." He had never had anv complaints from farmers in (he district on account of hunting in the locality. In the course of some questions as to the causes of abortion, the witness said, in reply to the Magistrate, that if lie had cows that slipped their calves within a few days of being frightened lie would come to the' conclusion that they had been hurt in rome wav Joseph Richard McMillan, farmer' waitara Road, and Richard Wood, veterinary surgeon, New Plymouth, gave additional evidence. The latter gave it as his opinion that the violent chasing of cows that were near calving would tend to induce abortion. The Magistrate said ] )e was satisfied that the injury to the cows had resulted from the frightening by the hounds, though he was sorry for the Hunt Club as ho knew they endeavored to conduct their hunting as carefully as possible. When they took a pack of hounds out there was always the risk of frightening slock, lie thought, however, the parties might have arrived at some understanding in regard to the amount of damage. He was quite satisfied as to the liability of the Club. He 'herefore adjourned the case till Monday next to allow the parties to arrive' at a settlement.