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MAGISTERIAL.

ASHBURTON—THURSDAY. [Before C. A. Wray Esq., R.M.] Following is the conclusion of our . report of yesterday's sitting : — A DOG CAKE. . . R. M. Smith v Jean Moison, £10. This was a claim for compensation on the part, of plaintiff against defendant for the loss of certain greyhounds that had been poisoned on the 18th April by defendant. ' Mr Wilding for plaintiff, Mr Crisp for 1 defendant.R. M. Smith, in evidence, said that on the 18th April he had two greyhounds, worth £5 each, poisoned. They were . four months old, and obtained the poison , from a baking tin on Moison's section. They were pedigree dogs. "In regard to a cross-action raised by Moison i .for' damage done by trespass of witness's animals upon Moison's" property, witness had been served with a' claim for £3 10s. Had offered to refer this claim to arbitration, which had been done, but no damage had been discovered. • Moison had been fined in the Police Court for laying the poison. 1 By Mr Crisp—Greyhounds ■ did not always hunt by sight. Sometimes they t ran by scent. Had himself planted the ■ ' White % thorn hedge that separated his section from Moison's. „, Anthony Lee, gave evidence as to the value of the dogs, which he set down at £5 each. , , , , T Arthur Millechamp, gardener, had been arbitrator for Smith in the question of damages to Moison's trees. Estimated the damages done to the trees at 4s 6d. • : Only looked at the. trees. F. Mayo had been arbitrator for Mr • Mbison. Saw-three or four trees that had been damaged, but the damage was so trivial that he had awarded nothing. Could not,say,how the damage had been done. ' The cross action—Moison v Smith, £10-T-was for damage done by Smith's animals oh Moison's section. Jean Moison' said Smith had sheep, horses, dogs, cows, fowls, and pigeons. Had driven the sheep out of his garden , often, and the poultry were a nuisance to '; him., Had intended to use poisoned wheat, but had been advised to use sops instead. Gave notice to Smith that he " would lay poison. The dogs were the 1 rery picture of weakness and misery and could scarcely walk without falling. James Nicholas had lived at Moison's for 18 months. There were two halfstarved looking puppies belonging to Smith that were ravenous for food. They .looked better dead than alive. There were sheep and poultry always trespassing. By Mr Wilding: Had never owned a -dog, and was not aware that a well-bred greyhound was naturally thin. '' l After counsel had shortly addressed the Bench,, the Court found that although Moison had been guilty of an illegal act, there had been contributory negligence on the part of Smith, who should have kept his dogs off his neighbor's premises. Ten shillings per dog would be awarded' with costs,, and the cross-action would be dismissed. Mr Wilding asked leave to appeal, but the Magistrate declined to countenance any further litigation in such a neighbors' quarrel.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18900516.2.30

Bibliographic details

MAGISTERIAL., Ashburton Guardian, Volume XIV, Issue 2431, 16 May 1890

Word Count
492

MAGISTERIAL. Ashburton Guardian, Volume XIV, Issue 2431, 16 May 1890

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