R.M. COURT.

Wairarapa Daily Times, Volume XII, Issue 3898, 28 August 1891, Page 2

R .M. COURT.

MASTERTON.—THURSDAY.

(Before Colonel Roberts, R.M.)

Beery v Lstt,

John Bhnkhorne, under cross-exam-, inatiun, stated that he beard a conversation between Berry and Lett, in which the latter offered the plaintiff £5 to settle the matter without prejudice. Arthur Harford, a driver in the employ of Mr Neill, said he had had a good many years experience in driving. When he was transporting horses he usually tied them to the traces, beside the others. He had never tied horses -behind a waggon. Although horses might be fidgetty about the head, they might lead well.

By Mr Bunny : He would not bi surprised to see a horse behind a waggon. This was che case for the plaintiff.

For the cjefence Mr ljunny maintained "that ijq evidence had been adduced to show that Mr Latt, as a common carrier, was compelled to take the horse. Even if this evidence had been forthcoming, there was nothing to show that the horse had died tinC2 ff h the negligence of the defendant" 0 In support of his argnment he cited several cases. Mr Pownall replied at some length. He did noli think the defence a creditable one on the part pf Mr Lett, who had taken the horse for transportation to Tinui, and waa now trying to absolve himself from liability. The mere fact that the horse had been consigned at one end and had not been received at the other, was sufficient to throw the onus upon the carrier to show why it had not been delivered,

His Worship announced that be would hear the defence.

J. H. Taplin, carrier, sworn, stated that he had met Blinkhorn with a five-horse waggon and one horse at the back. When be passed, the horse at the back shied a little, but afterwards followed alright. He was a carrier of fifteen years' experience and had himself tied horses at the back of his waggon. This was the only way he would take them. They had often hung back a little, but he had had no accident with them. He knew Bimkhorne to be a careful and experienced driver. He would not think of tying a horse on the side of his team.

Thomas P. Lett, the defendant, remembered George Hayes asking him to take the horse to Tinui. The horse was brought to his stables on the Sunday night. When Hayes was taking the bridle off the horse it reared up. He did not profess as a carrier to taka horses. It was an exceptional thing for him to do it. Hayes said when the horse reared up, "If the will not run with the horses, put the sod behind the waggon." He told his driver, Croft, to put the horse beside the other horses in the brake. He did so, and asjthey started witnass tried to frighten him along, as he would not go. The horse went for a few yards, but got loose and returned. He then decided to send the horse with the waggon, which left on Thursday. When the horse left behind the waggon it bung back a little, but soon went alright. He had led many horses in a similar way, but had never had an accident. •He considered the safest way to take horses was behind the waggon. When Berry came to the house to try and settle the matter, he offered him a cheque for £5 to settle the affair without admitting any liability. He accounted for the acoidont by the horse jearing up and then falling with his leg across the rope. There was no arrangement made for charge. George Bennison, coach driver for Mr Lett, remembered seeing Mr Berry's horse put beside the brake in March last. It was very fractious at the time. It was a customary thing to lead horses behind waggons. From what he saw *ie would have valued the horse at £1 or £B.

At this stage, the hearing of the case was adjourned till two o'clock next day.