NEGLIGENCE ALLEGED.

Taranaki Daily News, 7 June 1921, Page 6

NEGLIGENCE ALLEGED.

CLAIM* AGAINST MOTOR DRIVER. LOSS OF DAIRY COW. The loss of a dairy cow through a collision with a motor car was the subject of an action heard in the Magistrate s Court, New Plymouth, yesterday. The plaintiffs, Pickford and Harvey, of Oakura. claimed from Emanuel Dix, a half-caste, the sum of £2O, being the value of the animal, and it was alleged that defendant was negligent in ■driving his car. Mr. H. R. Billing appeared for plaintiffs' and Mr. R. H. Quilliam for defendant. The statement of the case for the plaintiff’ was to the effect that the accident occurred on February 19, and Harvey was driving the herd of over 40 cows along the road, in the act of taking them from one part of the farm to another. He was going in the direction of Opunake, and Dix came towards him in a motor car. The car struck one of the cows of the leading part of the herd, but apparently did not hurt it. The car then hit another animal and knocked it over, causing injuries from which it died. Evidence was given by David M. Harvey, who was in charge of the herd. He described the accident, and stated that he found the cow dead eight days after. It was a milch cow, but he did not milk it at'•all after the accident. He knew it could not recover, and would have shot it but foi- the fact that he was waiting to see Dix. He bought the cow eighteen months previously for £2O. He reckoned it was then worth £2O, as it was a good producer. For the defence it was contended that the car did not collide with the cow, but that the animal fell heavily against the machine as a result of being horned by another cow. At the time the car was at a standstill. The case was concluded in the evening after a good deal of further evidence had been heard. His Worship (Mr. C. R. Orr Walker, S.M.) found that the car collided with the cow, and that Dix was guilty of negligence. He was of opinion, however, that the death of the animal was really due to the fault of Pickford and Harvey, in not caring for it after the accident and attending to its injuries. Judgment was entered for Pickford and Harvey for a nominal amount (10s), without costs.