IMPORTANT TO HORSE OWNERS.

Hot Lakes Chronicle, Volume 2, Issue 132, 14 August 1895, Page 3

IMPORTANT TO HORSE OWNERS.

His Worship, Mr Kettle S.M., delivered judgment in the case of Cotter v. Boss at Wanganui recently as follows : —Plaintiff, a shesp farmer at Ashurst sued the defendant, a livery stable keeper in Wanganui, to recover damages for injury done to a mare and loss of a foal through the alleged negligence of defendant. He alleges that defendant did not feed the mare properly, the pasture of the paddock not being .sufficient for her maintenance; that he neglected to keep her m proper condition after foaling; and that he sent away the foal in a weak state unfit to be; sent a long distance by '"with regard to the contract between the parties, His Worship maintained that Mr Ross was bound to take all reasonable care of animals entrusted to him, and to treat them in the same way as he would treat his own animals. As a proprietor of stallions he was bound to exercise all care and caution in providing proper food, and generally attend to them. As to tho card put in by defendant, on which was advertised that all care would be taken, but no responsibility, Mr .Kettle held that a man could not legally get cut of the responsibility. It had no legal effect whatever, and the condition repudiating responsibility was void, and could not release Mr Ross of his liability in taking care of the animals. It became a question ot tact only whether proper care ana diligence was shown. He was satished the mare was in good condition when she arrived in Wanganui, and that the foal was a fair specimen. Ihree weeks after foaling, the foal showed signs ot megrims. Evidence showed that the mare was uneasy and suffering, and nothing was done to save her, and that they were by train to Aehurst, without any food being Bent with them> the foal then Buffering from scours. Mr Kattle said that Mr Boss bad failed in his duty to Mr Cotter in sending away the foal without proper notice, and Mr Robs was r f, I c I'h orp teßpODßllUtf i.Or tUD viwuJivgwoi VtRB a difficulty with regard to assessing tho amount, the evidence thereon being entirely speculative. He would limit the damage to the value of the colt when it died and to the condition of the mare when returned. He would give judgment for Court costs £2 li)s, counsel's fee £2 l~s, and witnesses' expenses.