RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1888, 7 May 1889, Page 3

RESIDENT MAGISTRATE'S COURT.

Tbmuka— Monday, May 6, 1889. [Before Captain Wray, R.M.] CIVIL CA.BES. Polar Davison v. liobert Eigcworih— G'lhiiu £47. . Mr Hay appeared for tlie piamtitt, and Mr White for the defence. This was a dUn» for damages sustained through IciHs of time and medical expenses incurred, through an accident caused by a kick from un eutiro borße, the said uccideot, it waa alleged, resulting from defendant's Diligence. The following evidence was called : Peler Dn vision, s;room, said that he was in the employ of Mr James Austin. Be bad charge of some show horse*. His wages were to be 20s a *ve«k and found, 10 per cent, on all prize money, and £8 for the harvest. On the 31st October was «t the Titnara Show in charge of some mares. At übout 4 o'clock was nearthe gate. Mr Austin and his sou were behind. S.w Shaw the gatekeeper. All at once received a kick and wao knocked over. The kick was on the outside of the left knee. Could aot see a horse coming until he was jammed in the gateway and kicked. Heard someone sing out " Why the man's mad/' after he waa knocked down. He was kicked by Edgewnrth's horse. Mr Austin and Mr Mundell picked hitn up. In hJB opinion it was unsafe to bring entira horses among mares on the show ground. After being picked up he was put into an exjjrosa and driven to the station. He vw»s t»ken to Mr Austin's house, and attended by l)r Hayes. Subsequently he weot to Temuka for attendance. Was recommended to go into the hospital. He was attended there by Drs Ewart and Krid. Remained there six weeks, and paid at the rale of 5s per day. Pail Dr Hayes £2 2s, Dr iM- clntyro 20a, and about 203 for lotions, etc., he applied himself. Alter he left the hospital was not able to resume work, and was not able yet. After leaving the hospital had to go tn once a week for about two months, and was out of pocket foi train expenses at least 20s. His leg was yet atiff and gave him puin. He returned to Mr Austin's after having the hospital, und wis in his employ now. After h« returned it was not uutil the end of February that ho was iu a. condition to do any work. He had made no arrangements an to pay. Ha know Mr Edgeworth, «nd saw bim on the ground that day. J. S. Hayes, medical practitioner : S'iw Mr Davison on the evening of the Timaru Show day. He waa suffering from au internal derangement of the knee joint. It was bo injury which might be caused by a kick froia a horse. At the lime the knee was so swollen that he could only apply temporary remedies and eventually Davison went to the hospital. Did not think he had seen him since. Oroas-sxamined: The leg was not broken. The witness ilustmted the io-jury. He prescribed perfect rest. He had to put him under chloroform to reduce it. It was an accident that might recur again. He would have been bettor for six weeks' rest. It w«s a risk to keep moving abou f . Hi would be mors likely to milie it chronic if he kept moving about. As an expert, he considered Davison should have been better in six weeka had his advica been followed after tha reduction of the injury. It was not proper for a man to attempt to do his ordinary work after tha injury. Unexamined : In medical surgury there was no mathematical certainty. Ifc wus impossibio to say if the leg would huve been well in the six weeks. When he first saw him he told him to apply fomentations. Perfect rest meant lying dowu and giving it rest on a couch. After the reduction of the injury he would not require much attention. He advised him to go to the hospital if he could not be fo,<pt quiet. It would have been advisable for him to haye laid up. During his attendance he was rot complying strictly with his instruction, ft was not always necessary to apply chloroform. Did not thiDk he complied with tha instructions prior to the reduction of injury. Plaintiff, cross-examined; After the injury was first treated he remained in bed ODtiil he had to go to the doctor. Went back to bed for four days between first and second visits. After third visit lay dowß occasionally. Did no work about i tli« place. Was able to walk with a stick after the third visit. On the fifth visit the roductioo wus made. Wan not preparing Mr Austin's horses for Oamaru. VVent to Oamaru the day before the show. Had no occasion to go. Tha first eight days was unable to walk. He took rest as far as he could. Being only a ssryant be did not like to encroach upon people. Be went to tho house for food. It would Dot have been much trouble for his food to have been brought to him, but it was a very independent country. Asked Dr Hayes if he might go to Oamaru Show. He advised him not to go. Was leading two maros at the Timaru Show, It was very crowded. There would have been room for two men with horses to go through tho gate. If anyone had called out at the'time of tho accident he might have heard it. Had not seen satires running with other hoises. Had tried sundry lotions on his own account. Had not talked with Mr Austin about the action—that is, with regard to advice. Mr Austin had not told him he was not goiog to pay him while hb was idle. He was »upplied with food and board. For all he> knew he waa not goiog to lose his wages, bat did not expect tolget them. Edgeworth came ana asked him about his leg after the accident. Nolhing was said about the cause of the accident. He spoke of horse races. Know William Ronnie and Thos. Blackman. Did not say to either that he did not blame Edgeworth. Mr Austin had a two-vear-old entire. It rao with the geldings. Re-examined: The colt had never served mares. Edge worth's horse was three years old. It would be dangerous* to 'et it run among mures or geldings. After eight days walked 40yda with a atick to the house fer meals. Then laid about for a time, but was not in bed continuously. After meals went back to his room. When he went to Oamaru went iu an express to the station and thence by train, where he was met by a friend with a vehicle aod taken to his house. Did not walk about at Oamuru. On his return Dr Hayes was well pleased with his leg. Felt no ill effects from tho walking he had done. Dr Hayes suggested his going to the hospital. About four or five days after the accident Edgeworth saw him. Nothing was said übout the cause cf the i accident. He asked übout the leg, and then proceeded to speak about the Christchurch raceti.

John Munchll, auctioneer, Qeraldine : Am the owner of »«>veral <-nti'e_ horsrv. Was present at tho l»-st s-.hna at Tiimru. D'iviho'-) in obarge of two nnroH of Mr Aiißti.i't*. Mr A'iKiin'd mares 'vcru in font of the '-"ale". The entires <vt>ie behind some distance. They weu< sectored about. Some mares wero behind Davison. The g!it« is a wido ono. At l'iast two, and peihaps threi', uorsea go out abreast. Two show horses would be ; enough to go throuarh. It wan not safe to lend entires through the g*te if mares were following. Edgeworth w.is behiud [the maaes. He came towaids the gate from the Timaru side. He wus not alongside the feuce. He w.is running before the horse, which wus following. Ho passed between the gale and Austin's mares. He considered hun out of his place. Ho (witness) was kf tying his horse back. Someone sum? out "Look out," and he saw Edgeworth coming. It was someone near the gate win called. Edgewortb was coming to the gale and passed the mares. He heard a sadden plunge and a stoppage. He knew it wag a kick, and concluded it wis either the mares or the gatepost. Ha found on coming up that it was the groom. The horse came up at » bounding pace. It was a most dangerous thing f->r Edgeworth to bring his horse up as he d d. Cross-examined : His at'ention wus not engaged by looking after his own horses. He was ac the nide of th» gate opposite to which Edgeworth came up. Could not nay if the gatekeeper had a bettor opportunity than himself. There would be a few people between himself and Edgeworth. Could not way how many bounds the horse mado. It would be a chain from the gite wh-re he noticed Edgeworth. There would be a few mures between witness and Edgeworth. Could not say that there were not twenty mares. If (hero wero twenty could have seen Edgeworth. He, witness, stood on a slight elevation. Witnee.' groom had one horse in charge. One man could have two or three mares or geldrg* in charge at one time. It was not safe to trust two entires. Mares might get rxcited in a show ground. As a rule they did not, The sound seemed like a kick. Was positive the cry from the gate came before the accident.

.Re-examined : Mr Austins ru-irca were not excited. Davison h'»dl complete control of them. It was ijsuhl for t, groom to hfivtt two mares in cliargi, or three. It was not improper. Jaines Austin, farmer, Winchester: The plaintiff was in witness's employ in October last. He was on the ohuw ground in ohaoge of two mare?. They were quiet. Previous to the gates being opened witness was prelent. About twenty persons were wanting to take horses out* Shortly before the gate opened saw Edgeworth a little way off. Just as the gate opened heard the gatekeeper fling out " Keep baok." Edgeworth oame up with his horae and it kicked and knooked Dayisoa down. Mundsll and witness pioked him up. Did not see how the horse oame up. Davison was in tho gateway, and there was no space for Edgeworth to go through without doirjg as he did, There was not room for him to go out. It was not safe for a man to bring an entire up as ha did among mares. No hing might happen, but a prudent groom would not do it. Davison got 20j a week, 10 per cent on the prize money, and £8 for the harvest. At the three shown witneis's hoi-aes won about £4O. Ho worked at harvest, but oould not do a man's work. He commenoed in February. Oould nob remember how long Dftvison was away. After tho aooident Edgeworth wailed a few minutes, and then went down the road. Oould not say how long Davison was before he left his room. Thought Davison took proper oiro of himself. He used a orutoh and stiok. dross-examined: He did not start driving the milk cart until he oame from the hospital, Did not dismiss him after the accident. Had not had a settlement with him yet. Did not intend to pay him for all the time. Had not discharged him. Was not waiting the result of the aooident before he settled with him. Had had no conversation with plaintiff relative to this action. In the hospital plaintiff asked about Bdgeworth, and said he was going to take an action against him. Had seen Mr Hay several times about it, but not at plaintiff's request. When he returned from the hospital Divson milked somotimes. Had only one onfcire. It was maning with its mother and an old horse. At the time of the aooident, witness wia on the neae side of the mare he was leading, and crald not »ae Edgeworth ooming up. Anyone a yard or two away oould see. For tho defence, Mr White called Thomas Blaokman, laborer: Knew Bdgeworth and Davisor, and knewj the latter was hurt. Saw him in Timaru the same evening. When witness left Davison, he (Oavisoo), said he (witness) oould tell Bdgeworth he did not blame him. By Mr Hay: Would swear he was not intoxicated that day. Oame out in the same carriage and plaintiff said " You can tell Bob I don't blame him." Witness then lived near Idgeworth's. At this fltage Hio Worship intimated that his presonce was required in Timaru. He would hear any undefended oaoes and adjourn the case in heating for a weeir,to be called on in Timaru. J. 8. Hayes v. John Baumbor Claim £ll2s 6d. Mr W. G-. A&pinall for plaintiff. Judgment for plaintiff with costs, W. Eoulston v, B, Eogerj—Olaim 15i 7d. Judgment for plaintiff with ooßts. Pater Ooira v. David Stewart -* Claim £B6s. Judgment summons. Order made for payment of £2 by May 13fch, the balanoe by instalments of 20s per month ; in default 21 days' imprisonment. rOIIOH (WKBNOBS ACT. Eli J?/atfcley, charged with allowing a dead animal to remain unbnzied in proximity to a publio road, pleeded not guilty, Adjourned for seven days. The Court then rose,