RACEHORSE'S INJURY

Auckland Star, Volume LXXIV, Issue 35, 11 February 1943, Page 6

RACEHORSE'S INJURY

£1705 DAMAGES CLAIM DENIAL OF NEGLIGENCE (0.C.) HAMILTON, Wednesday. The hearing of a claim of £1605 special and £100 general damages was commenced in the Supreme Court to-day before Mr. Justice Johnston and a jury of 12. The claim arose out of a collision between a motor vehicle and the racehorse Cheval de Bataille. The plaintiff is Alfred Rowan, retired contractor, of Auckland, formerly of Te Awamutu (Mr. J. F. Strang), and the defendant the New Zealand Dairy Company (Mr. W. J. King). The statement of claim set out that on January 5, 1942, Rowan's racehorse was being ridden by a stablehand, Charles Kenneth James, on a onerway bridge on the Paterangi Road, outside Te Awamutu borough, when a truck belonging to the defendant, driven by Raymond Humphries, collided with the horse, resulting in damage and prevented it from being raced again. Plaintiff alleged that a warning on the narrow bridge to give way was ignored by the truck driver. The horse had walked on to the bridge while the truck was still some distance -away. Excessive speed was also alleged. The horse was valued at £1500. Veterinarian's accounts amounted to £24 10/ and feeding and care of the horse after the accident to £80. The defence denied negligence and claimed that the accident Avas inevitable in that the horse suddenly became fractious, rearing and backing, thereby > striking the side of the truck. It was further submitted that the rider failed to keep a lookout and give warning that the horse was likely to become uncontrollable on the highway. (Proceeding.)