ALLEGED GRAZING CONTRACT

Auckland Star, Volume LIII, Issue 193, 16 August 1922, Page 8

ALLEGED GRAZING CONTRACT

' FATE OF A HERD. I I STATION MANAGER'S EVIDENCE. The claim oi F. J. Savage and Tims. BSmalley (Mr. lloylien) against .lulius Diuilop Doiiner and Klien Doimcr, ot jXabora Station, Opotiki (Mr. Ostler), for general damages JC4B2 13/ and iitib .special du.ua;;cs for alleged failure V-> carry out v grazing contract and to re-l.-l-ii stock Hn agreed, was completed ilt the Supreme Court yesterday before Mr. .Justice 11,-rdm.r.i and jiiry. Mr. U*l!er said it was extraordinary that the claim should be brought lour years after t!:c alleged damage, and he suggested that it was inspired by a success in the Lower Court. The condition of thi) calves in question was SUCH that plaint ill's were desperate to get grazing or they would have lost the whole herd. This was proved by the fa; , * that negotiations for the grazing opened ly the owners offering the loi !o <lc l.atour at £ I per head. This was refused, but the manager contented to put the >to.-k in the "I'aniu" paddock at plaintiffs' risk. The terms of the deal emphasised bow keen plaintiffs were to get the stock there. Even then they probably thought many would die, but they trusted u> the fact that being dairy-fed the animals would not stray into the bush. De l.atour saw lil'ty ot them dead shortly after being paddockol tun! Savage wus informed, hut tin , plaintills did not trouble to go and look at flip herd, which (loing into tlu> bush country and eating the rich undergrowth probably scoured badly and died off like (lie. Xormau de Latour, Mrs. de Latour, mill <."por;re (javir evidence. The jury failed to agree, and a new iriiil was ordered to take place next sessions.