ON THE LAND. RECUVERY OF A CALF.

Bay of Plenty Times, Volume XLII, Issue 6085, 9 March 1914, Page 2

ON THE LAND.

RECUVERY OF A CALF.

At the Magistrate's Court, Tauran_ca, on Thursday, Turner Pro?, claimed from Albert Norris the recovery ut a calf or its value £2. Mr Phillips appt ared for pknatilL", and Mr Tudhope for tho defendant. | William 11. Turner, one of the plaintiffs, said he sold a cow, the mother of the calf in question, to defendant. Separated tho ea f Irom the mother, but it broke away on to the road. Next day when witness was going to the hunt saw the calf with defendant', cattle on the road. Asked Norris to leave the calf at Armstrong s farm,Te Puna. Norris. however, did not leave the calf at Armstrongs, but took it on and left it at Marsh's place, Otumoetai. Had since spoken to Nor ris about the calf and he said he would return it, but ho had failod to oo so. Marsh also said that if witness did not remove the cdf within 11 days and pa} »rozing he would impouud it. ° Cross-examined by Mr Tudhoperiio calf got out of Watford's padd ;ck, and was picked up on the road by Non is- If Norr.s had turned the ciif iato Armstrong's witness would Lave been satisiied. I>id not promise Norris that ho wadd have someone at Arm stronn's to take delivery of the calf. A. eNorris, the defendant, stated he bought the mother of the calf at a sale in Katikati. Next day the calf joined witness' cattlo on the road. He tried to cut it out of the mob, but failed,and it followed its mother. Later, met Turner at Merrick's, and he asked that the calf be left at Armstrong's. Wit ness said he would do so, if someont were at Armstrong's to take delivery of it. There was no one at Armstrong's so he drove on to Marsh's and left it there, cubsequently tried P tako it back to Aongatete withanother mob of cattle, but it would no?

drive. Cress-examined by Mr IhiUips— Turner *aid not to lea\o the calf tt Merrick's plate. There was no persoL waiting at Armstrong's to receive tin

Sidney Norris stated that Turner ,- calf was on the road and followed itt mother. Witness and his brother tneo to cut it out, but failed. Turner said not to leave the calf at Merrick',, lit asked that it be left at Armstrong . f but witness' brother requested that someone should bo there to tako delivery. Witness did not go as far as Armstrong.. Mr Phillips contended that Turner had arranged with defendant to leave the calf at Armstrong's and Norris hac failed to do so. The latter was . gratuitous bailee aud was responsible Had Norris left the calf at Armstrong '_ his responsibility would have ended. Mr Tudhope said the calf was now at Marsh's. Norris had stipulate. that there should be someone to taki

delivery at Armstrong's, but there wanobody there to do so. He submitted that Turner should have cut the call out at Merrick 7-, when there weie three men present* Ihe Magistrate reviewed the cvi deuce and said he thought Norris wa 'at fairt in not leaving the calf ai Armstrong's. Judgment would be fan plaintiff for the return of the calf, oi £1 15. iv case possession cannot b« had. Costs amounting U. £2 l'2s 0a I were allowed to plaintiff.