R.M. COURT, TE AWAMUTU.

Waikato Times, Volume XXXI, Issue 2539, 18 October 1888, Page 2

R.M. COURT, TE AWAMUTU.

Tuesday.—(Before Capt. Jackson, 11.M.) LIAKILITY OK A PbHSOS HllllNU A HoitSK —W. Bon'1) v. W. A. Kennedy, for value of ii horse killed while in care of defendant. £8 10s. Mr Hay for plaintiff. Plaintiff sued for value of a mare hired by him to defendant (in Kith May, and which was killed through negligence on defendant's part on 17th M-.iy. Plaintiff being sworn deposed Unit he lured the mare to defendant on above date, and that defendant came to witness and told him the mare was accidentally killed, asking plaintiff at the same time to be as light :\s possible with him. At this stage of the case a telegram was received by the bench from defendant asking for an adjournment. Mr Hay objected, as he had had no notice of defendant's intention to apply for an adjournment, and as plaintiffs witnesses had been brought down twice from Tβ Kuiti for this case, it was a great expense. The Court while wishing to give every opportunity to defendant to defend his case, took into consideration the expense plaintiff had been put to and decided to hear the evidence. Plaintiff continued, went to Auckland and saw Woullams and Co., tailors, in whose employment defendant was a traveller. Witness agreed with them for a suit of clothes and £1 in settlement of his claim, rftatinc that if'this was done, he would bear the remainder oE the loss himself. Subsequently ho received ;x letter from defendant, statins; that ho did not consider himself liable, and enclosed 15a in settlement of his account for the horse. Witness refused to entertain tha offer, and wrote to the firm countermanding the order for the clothes. He wrote to defendant, stating that ho would proceed through his solicitor. The mare was put into a small narrow paddock within a few yards of the railway line at Te Kuiti. The paddock was fenced with ti-tree. The mare took fright at the train, and in attempting to jump the fence was staked, and had to be destroyed by order of defendant. There was a good secure paddock and also a stockyard near the place into which the mare might have been put. In witness' opinion no prudent man would put n horse into such a paddock when there was a secure stockyard attached. There was also a livery stable in Te ICniti. There was no feed in the paddock in which the horse was put. Witness would not put his horse in such a place.—By the Court: Interviewed defendant in presence of Mr Woollams. Defendant said it was hard he shuuld have to lose the whole of the amount. Defendant said it was very fair, and immediately took witness' monsure. Received a letter afterwards from Wonllanis and Co., after countermanding the order for the clothes, saying that they had been to a lot of trouble and expense in cutting out the suit, ana could not be expected to bear the loss. Witness told them to send on the suit and he would sue Kennedy. The suit was never sent. In reply to witness, defendant said he did not think the horse's entrails were broken, witness then said if that was the case the horse might have been saved instead of being shot. Defendant said the stake was taken out and the horse taken to a swamp and shot.—Henry Tanner, board-ing-house keeper, Te ICniti, deposed to knowing defendant, saw the mare on the day she was killed. Thought she was worth 27 or £8. Was standing at his door on 17th May, in the morning. A ballast train was coining along. Saw the mare take flight, and try to jump the fence. She stopped on it, her fore quarters hanging over the outside and hind-quarters on the inside. Culled to defendant that his horse was stuck on the fence. Went shortly afterwards to his assistance. A number of people were there. S:>me were trying to lift the horse oft. Looked down and saw the stake in the horse's body. A saw was brought, and witness sawed the stake off close to the body. Pulled the stake out of the horse. Some said, "shoot her," and some said, "Let her alone." Defendant said, "Some one get a gun." Left the spot then, and soon after heard a report of a gun. Saw the horse after it was shot. Never knew of a horse having been kept in all night in this paddock. No prudent man would put a horse in there. Tt was too closo to the railway line, and the wattle fence could net bo called secure. Met defendant in Auckland Inst month. Witness told him he was to be sued for the horse killed at Te Kuiti. Defendant said he expected as much, but that Bond would get nothing out of him as he had nothing. Defendant also said the firm (Woollams and Co.) were selling out to go to Sydney, and he was going with them. William Thomson corroborated the statement regarding the unsafe nature of the paddock, and the manner in which the horse was hurt. Would not put his own horses into such a paddock. The Court decided to adjourn till next court day. MiHay claimed judgment for the plaintiff, on the grrmnd that defendant had had ample time to appear. The Court said that in any case judgment would be considered, and would not be given even had defendant been present. A number of debt and rate cases wero disposed of. Poi.lOK v, MOON*.—Breach of the Public Works Act, bv riding on the footpath in Te Awainntu on 2nd inst. Constable Lowther deposed to seeing dofe.ndant ride on the : path and to summoning him. Mr ' Teasdale gave evidence. Defendant gavo J J jjepepd denial, Fined ss, and costs 12s,