HEAVY CLAIM FOR DAMAGES.

Wairarapa Age, Volume XXXII, Issue 9703, 28 January 1910, Page 7

HEAVY CLAIM FOR DAMAGES.

McKEE v. PINHEY BROS., LTD.

PLAINTIFF NON-SUITED

At the Magistrate's Court yesterday morning, before Mr R. H. Turton, S.M., a case was heard in which James McKee claimed from Pinhey Bros., Ltd., £2OO for loss of work, general injury, and charges, through an accident alleged to be due to the action of defendants in hiring a saddle horse to plaintiff which it was claimed was unsound, stumbled and fell, roKing over plaintiff, damaging the muscles of his leg and his hip joint, whereby plaintiff had been rendered unable to work, and was still so. Mr C. A. Pownall (instructed by Mr R. K. Jackson) appeared for plaintiff, and Mr D. K. Logan for defendants. Mr Pownall briefly opened the case, and stated he pioposed firstly to call evidence as to facts and aitewards he would produce authority to prove that a livery stable keeper was under legal obligation to supply, when hired, ahorse free from defects and sate to ride, apart from any express warranty. The first witness was Dr Cowie,

who stated he attended plaintiff on the day of the accidenr, who complained of pain in his leg. He examined plaintiff, but could find nothing very definite to account for the pain. There were no bruises or fractures. Attended him two or three times, a strained muscle would not necessarily reveal itself. Cross-examined: Plaintiff was under his care for a few days. Gave him something to apply, and recommended rest. Plaintiff was sober when he came to him, may have had some liquor. It was alter dark when he came. He explained a horse had stambled and fallen with him, and rolled over him.

James McKee deposed that on the Ist May he went to Pinhey's stables, and hired a norse. He asked for a quiet hack, as he wanted to go as far as the Taueru. He spoke to Mr John Pinhey, who sent a boy with a buggy, and plaintiff went with him to a paddock where the horse was running. He started away with the horse, but could not n.ake it canter. '•'Hammer it," said the boy, and he did, and managed to get it along to Culloty's, where he stayed to dinner. He got to Mr Cave's about 4.30, and when a few chains inside the gate the horse stumbled and came down on his knees. Managed to get him up, when he again staggered, seemed to cross his forelegs, and fell. Btfore he could get clear the hor<?e rolled over him and pinned him down by the ; leg. He was brought into Masterton, by the brake, went to Dr Cowie's that night, and a few times after. He had been crippled ever since, and unable to work, and was still so. He would not have had it happen for £SOO. Was going out to Cave's to work at drain laying. He could earn £5 a week at it. He had got money from Pinhey in small sums from time to time since the injury. The firm had since rendered him an account tor the sums so received.

By Mr Logan: 'lhe horse fell on top of him. Was unconscious for a time. Afterwards got up, caught the horse, and got on his back, and rode down to the homestead, Had a few drinks that morning, perhaps three or four, and was not drunK at time of accident. Bartholomew Culloty, contractor, Te Ore Ore, said that he remembered plaintiff calling at his place. He had a little whisky with him, but was quite sober. Augustus William Cave said McKee wa& going out to his place to lay

some drain pipes. Mr Logan stated that tie proposed < to call evidence to show that the horse was perfectly safe for the journey, and was capable of carrying l a man to Maryborough and back if I neceasary. He further proposed to j show that his client had .given no warranty whatever when hiring the horse to plaintiff, and no mention had been made of the capabilities of the animal. John Southwood Pi:;hey, one of the j directors of Pinhey Bros., Ltd., j said that defendant came to him and j said he wanted to go to Te Ore Ore, and asked for a saddle horse. Witness t?ld George Stoi-kdalj to saddle one of tt.e horses, which was in the sec tion opposite the stable. Did not see the horse again. The horse was perfectly safe, and was purchased from a drover. Had driven the horse himself, and had never known it to stumble. McKee, when witness first saw him, had had a lew drink?, but war* all right, and he was in the j same condition when he saw him lat- I er. i-laintiff hid never complained of | the accident. j By Mr Pownall: The horsa was ' broken in when witness purchased it. It was not:.a fact that they broke in horses tor persona by running them in cabs. McKee was not drum*, and was capable of managing a horse. George Stockdale, stableman, employed by Pinhey Bros , Ltd., said he remembered McKee coming to the stable for a saddle horse. Witne°sgot the horse, saddled it, and handed it over to flacKee. Witness had known the horse since it came to the stable and considered it sure footed Ther were no marks on the horse's knees 1 when it was brought back to the j stable. I By Mr Pownall: Witness was posi-

tive that he did not tell McKee the horse's knees were skinned.

John Cotter stated that his wife kept the Oxford Boardinghouse, and he had been a horse trainer for 25 years. He remembered the day in question. McKee came into the yard of Oxford House with a horse, and said he was going to the Taueru. McKee went out, and when he came back he thought he was the worse for liquor. Witness refused to give plaintiff a pair of spurs because he thought he was not fit to use them. Witness did not see him when he was brought back after the accident. John Charters, driver for Fly and Young, carriers, said he brought McKee back to Masterton on a lorry after the accident. Witness gathered the impression that McKee had had a good number of drinks. By Mr Pownall: McKee told witness ttiat the horse had fallen with

him. Arthur Edward Allsworth, drover, ! said he purchased the horse from Pinhey Bros., and had found it a very good one. It had never stumbled with him. Mr Pownall intimated that he would be prepared to accept a nonsuit. / His Worship accordingly nonsuited plaintiff, and allowed defendants costs'amounting to £l2 4s.