TROITING CASE DECIDED.

Auckland Star, Volume XLV, Issue 152, 27 June 1914, Page 10

TROITING CASE DECIDED.

YIJU'ICT AfiAIXST MGTtICPOI.ITAN" cI.CC. (By Telejrraph.—rrcss A»socialicn.i ("llltlSTCliruClf. this day. lii tiie Supreme Court to-day. Mr Justice Den.l isiol delivered in 'he .-ase of C'.iffer.l Tasker vir.-> the New Zealand Me'.rnpoiiiun Trotting Club. The .-.is.- was heard nine rime ago. hut delivery ef judgm."ii was recently postpje.'-d. After reviewing ihe eir.-uais--i n.-es ..' ill" r.isi'. his Hoi.or doaii i.i-.ii s).-e:.i> issues whi.-h were Pin to the iury. and wen! en to say: They bid :-.;: the i'a,-:s before tberj. and in. oTvjvc'.lon has been i.,keu ;,. my .lire, lions, or 1., the i'-.i-.n ~r ihe issues. 1 "link Ihe r.ie: ~.' the ii mil tut i- 'Inc. while the gate wis s.i;;; and padlocked, the slrueinre and condition of Ihe fastenings were not s.nii as i.. make i- .: see.ire ..r sufficient ohs:.l-> li lav on the ilefendanl"—lh" mare having ill fuel e.e.ipis- froill ill" paddock lOsllOW ; Hn,: :hev lia.l made such es.-.-ipi- reasonably iini.ossi.iie. inbss by a-lhv interference lof trespasser-., counsel for defendant o.in- | tended thai Uie measure of Ihe defendant I was Ceil of a gisier lo an agisting owner.

I ibink lhat. <-v.v applying thai standard, the jury were juslifinl Ii finding negligence. The real measure. Is. however, ob- | vl.iiwlv the duly owed l.y Ihe owner of Hie land, ihe use of wht.n he hires to another for speeitie purposes, to use all reitsonal.'e .-arc s<> ihat tiie land is not unlit | for sii.b purposes. A Heavy draught mare galloping down ui.un one is no; aa incident whi. h a trainer lawfully using a training track was entitled to expect. These on-s.-rvaiions apply also to the finding of the jury on .to- sixth issn-. rWeadnnl hod a caretaker in charge of the track, and h.»as on Ihe track at fi a.m. The jury were, in mv opinion, entitled to find lhat it was the duty of ihe caretaker, us far as possible, to see thai a stray horse was not allowed to be or lo remain on the track during the time when ii v.as being lawfully occupied by trainers. The motion for nonsuit or judgnirur for .b-fendaut is dismissed. Plaintiff will have Judgment for I*2oo. wilh costs, with itlO to- for ihe ::e,-ond day. »(».."J co-::a.:i at f3 3/ per day, 11/ for order «f discovery, and Zo r, ' costs of present motion.