OVER THE FENCE.
CLAIM FOR DAMAGES. The alleged roaming proclivities of a trotting stallion were the cause of an action in the Stipendiary Magistrate's Court to-day, when Albert Edwin Wood, an Ellerslie farmer, sued a neighbour, Angus Cameron, for £25 damages in respect of injuries to a racehorse said to have been caused by Cameron's stallion jumping a fence enclosing the property of the plaintiff and kicking the other animal. Mr. Hackett appeared for the plaintiff, and Mr. Glaister defended. The plaintiff gave evidence to the effect that on December 15th last he found the stallion iv a part of his paddock, which was surrounded by a stone wall 4 feet 6 inches high. When he tried to catch the animal it raced round the field and kicked a four-year-old chestnut gelding on the knee. Afterwards the horse had to be taken out of work owing, to the injury. The plaintiff said he had sold the horse's full sister for £50, and considered the former worth £100. Its value bad deteriorated in consequence of the kick. The defendant stated that he doubted if the stallion was ever in the paddock at all. The horse was not injured as far as he knew, and was never worth anything like the sum suggested. Another witness said he thought the animal, il sound, was worth about £15 as a hack. Mr. Glaister raised the legal point that as the whole of the paddock was not properly fenced, the plaintiff was deprived by section 5 of the Impounding Act of right to claim damages resulting from trespass. Mr. Kettle said that he would hold on the evidence that the whole of the land was sufficiently fenced, and it appeared to him that the internal paddock was also sufficiently fenced. However, he would reserve his decision on the point.
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