DEATH OF A DOG

Ashburton Guardian, Volume 53, Issue 255, 9 August 1933, Page 3

DEATH OF A DOG

DAMAGES AWARDED. SUIT AGAINST VETERINARIAN. (Per Press Association). WELLINGTON, August 8. Mr E. Page, S.M., gave judgment to-day for ten guineas against Thomas Charles Webb, veterinary adviser to the Tail Waggers’ Club, in an action in which Webb was sued for £25 by E. R. Leighton, who alleged that Webb had failed to apply the correct treatment to an Alsatian dog, with the result that it had to he destroyed. The club was sued jointly with Webb, but the Magistrate held that the club ivas not liable for the consequences of Webb’s treatment, and the case against it Avas dismissed.- Webb was ordered to pay Court costs and solicitors’ fees incurred by plaintiff and the club and Avitnesses’ expenses totalling £ll 5s 6d. With regard to the club, the Magistrate said that membership carried with it the right for advice from the club’s veterinary adviser free of charge, but if any treatment by him, other than advice, Avas asked for, the member asking for it Avas required to make his own arrangements Avith the veterinary adviser regarding payment for such treatment.

The Magistrate pointed out that a hospital board Avas not liable for the negligence of a medical practitioner in the treatment of patients. The only duty undertaken by the board Avas to use due care and skill in selecting the medical staff. With regard to the alternative ground on which the plaintiff sought judgment against tho. club, namely that it failed to exercise due care and skill in the selection of the veterinary adviser supplied by it, the Magistrate said that this created some difficulty. Ho continued: “It Avas admitted that the defendants Webb Avas not on the Ncav Zealand register of veterinary surgeons and does not bold such a diploma or other qualifications specified in the Act as Avould entitle him to he so registered, and it appeared that this fact Avas knoAvn to the club officials some months prior to the incidents in this case.”

After reviewing Webb’s long experience Avith stock, and pointing out that others were similarly practising, he said upon the Avhole he did not think it had been shoAvn that the club failed to use due care.