GORED BY A BULLOCK.

Auckland Star, Volume XXXV, Issue 95, 21 April 1904, Page 2

GORED BY A BULLOCK.

THE TAURANGA CASE. APPEAL COURT ALLOWS THE APPEAL. (By Telegraph.—Own Correspondent.) WELLINGTON, this day. The Appeal Court gave judgment at Wellington this morning in the ease William Paterson (appellant) v. Alexander Allan Fleming (respondent), this being an appeal from the decision of Mr Justice Edwards at Auckland in the case Fleming v. Patterson and Seddon, claim £4000 damages for injuries susj tamed by the plaintiff Fleming, being gored by a bullock belonging to the defendant Patterson. The facts that on November 20, 1001. Paterson sent certain cattle by steamer from Motiti Island to Tauranga, Seddon being Paterson's agent. The cattle were slung from the hold of the boat into the water and made their way ashore. One of them entered Dr. Fleming's garden and gored him, inflict--g severe injuries. Mr. Justice Edwards gave judgment for the plaintiff, Dr. Fleming, for £1250 and costs. In doing so he held that defendants, having landed the beasts in the way they did, they should have known that such a way of landing them would be liable to make them dangerous, and that therefore they should have taken extra precautions. Defendants, not having done so, were liable for the damages to plaintiff. The Judge also held that even if the defendants had not been negligent at all, the mere fact that this animal belonged to Paterson and trespassed on plaintiff's fenced land was sufficient to make the owner of the animal liable ior all damage to plaintiff. The appeal was based on the contention that Mr Justice Edwards' decision was bad at law. Mr Cotter and Mr McGregor appeared for the appellant, and Mr H. D. Bell for the responaent. Today Mr Cotter received word from Wellington that the Court of Appeal had reversed Mr Justice Edwards' decision cud allowed the appeal. The question of costs was reserved.